Mustafa Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23737 of 2023 Arising Out of PS. Case No.-54 Year-2022 Thana- MAHILA PS District- Buxar ====================================================== Mustafa Khan, aged about 26 years (wrongly written 30 years), Male, Son of Late Md. Mainuddin Khan, Resident of village - Brahmpur, Pathan Mohalla, Ward No. 10, P.S. - Brahmpur, Distt. - Buxar. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Nasrin Khatoon, Wife of Mustafa Khan, D/O Sahadat Hussain, Resident of Mohalla - Ayodhya Singh Ki Gali, Dumrawn, P.S. - Dumrawn, Distt. - Buxar.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Anil Kumar Roy, Advocate For the State :

Mrs. Sangeeta Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 323, 498(A), 379, 504, 506 of the I.P.C. and Section 3⁄4 of the D.P. Act. Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged

Patna High Court CR. MISC. No.23737 of 2023(2) dt.21-06-2023 2/3 against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is the husband of the victim. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the learned counsels for the State and the opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned court below/concerned court, in connection with Buxar (Mahila) P.S. Case No. 54 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The petitioner is directed to co-operate during the trial. If the petitioner does not co-operate during the trial, the court below will be at liberty to cancel the bail bonds of the

Patna High Court CR. MISC. No.23737 of 2023(2) dt.21-06-2023 3/3 petitioner.

If so advised, either of the parties will be at liberty to make an application before the court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement. In case, any such application is made by either of the parties, the court below shall refer the matter to the District Mediation Centre. (Sudhir Singh, J) U.K./- U T