Patna High CourtCR. MISC./21884/2023bail granted

Md. Meraj v. The State Of Bihar

2023-12-13Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21884 of 2023 Arising Out of PS. Case No.-226 Year-2021 Thana- CHHATAPUR District- Supaul ====================================================== MD. MERAJ Son of Salim Khan Resident of village-Madhopur, Ward No. 1, P.S.-Chhatapur, District-Supaul-852137 ... ... Petitioner/s

Versus

The State of Bihar 2.

SMT. MOHMMDI KHATOON Wife of Md. Meraj Khan Resident of village-Madhopur, Ward No. 1, P.S.-Chhatapur, District-Supaul-852137 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Ravi Shankar For the State :

Ms.Asha Devi For the O. P. No. 2 :

Mr,. Nafisuzzoha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-12-2023

1. Heard learned Counsel for the petitioner, learned Counsel for the informant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Chhatapur Police Station Case No. 226 of 2021, dated 10.07.2021, registered for the offences punishable under Sections 498-A/341/323/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

3. The prosecution case, as per the First Information Report lodged by the Opposite Party No. 2, is that the marriage of the Opposite Party No. 2 was solemnized with the petitioner about nine years back and after sometime, the petitioner and other family members started demanding a motorcycle and Rs. 2,00,000/- by way of dowry and due

Patna High Court CR. MISC. No.21884 of 2023(4) dt.13-12-2023 2/3 to non-fulfillment of the said demand, the petitioner and other family members tortured the Opposite Party No. 2 physically as well as mentally and also ousted the Opposite Party No. 2 from her matrimonial home.

4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. However, without prejudice to the right and contention of the petitioner, and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 3,000/- per month to the Opposite Party No. 2 as living cost, subject to the final outcome of the present case as well as the matrimonial case, if any, filed or pending between the parties.

5. Learned Counsel for the informant-Opposite Party No. 2 accepts the offer so made by learned Counsel for the petitioner and submits that the petitioner may be directed to deposit the said amount of Rs. 3,000/- per month in the bank account of the informant-Opposite Party No. 2, details of which shall be furnished by learned Counsel for the Opposite Party No. 2 to learned Counsel for the petitioner within fifteen days from today.

Patna High Court CR. MISC. No.21884 of 2023(4) dt.13-12-2023 3/3

6. After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the offer made by learned Counsel for the petitioner has been accepted by learned Counsel for the Opposite Party No. 2, I am inclined to grant the petitioner privilege of anticipatory bail.

7. This application is, accordingly, allowed.

8. Let the petitioner, above named, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Supaul, in connection with Chhatapur Police Station Case No. 226 of 2021.

9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 3,000/- per month in the bank account of Opposite Party No. 2 positively, starting from 07th January, 2024.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √