Md. Saif Raza @ Saif Raza v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47780 of 2015 Arising Out of PS.Case No. -94 Year- 2015 Thana -KURTHA District- JEHANABAD ======================================================
1. Md. Saif Raza @ Saif Raza son of Md. Ishaque Ansari, resident of village- Gangapur, P.S. Kurtha, Distt. Arwal. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Fahimuddin For the Opposite Party/s : Mr. Arun Kr. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-09-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences under Sections 498A, 341, 323, 379/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
The basic accusation is of torture for nonfulfilment of dowry demand. The petitioner and the informant are present in the Court.
It is submitted by learned counsel for the petitioner that petitioner was forced to marry the informant on 13.03.2015, as a result the petitioner filed Matrimonial Suit No. 100 of 2015 on 20.07.2015 for annulment of the marriage. Hence, it is not feasible for the petitioner to keep the informant. It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.47780 of 2015 (8) dt.22-09-2016 2/3 informant that marriage between the petitioner and the informant is admitted. The informant is ready to resume the conjugal life. The matrimonial suit was filed on 20.07.2015, whereas the present F.I.R was registered on 19.07.2015. The petitioner has not made payment of the interim maintenance amount of Rs. 4000/- per month and Rs. 5000/- as litigation cost as ordered by learned Principal Judge, Family Court, Jehanabad vide order dated 22.07.2016 passed in Matrimonial Suit No. 100 of 2015.
It is submitted by learned counsel for the petitioner that petitioner will make payment of the interim maintenance amount of Rs. 4000/- per month and Rs. 5000/- as litigation cost as ordered by learned Principal Judge, Family Court, Jehanabad vide order dated 22.07.2016 passed in Matrimonial Suit No. 100 of 2015.
Considering the rival submissions of the parties, keeping in view of the fact that matrimonial suit was filed which is just one day after filing of the present criminal case with a lurking hope that the issue will be resolved between the parties in future and the payment of interim maintenance amount will save the informant from destitution and vagrancy, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like
Patna High Court Cr.Misc. No.47780 of 2015 (8) dt.22-09-2016 3/3 amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Arwal in connection with Kurtha P.S. Case No. 94 of 2015.
The bail bonds of the petitioner will be accepted by learned Court below on filing proof with regard to the up-to-date payment of maintenance amount and the litigation cost as stipulated in the order dated 22.07.2016 passed in Matrimonial Suit No. 100 of 2015 and further assurance to make monthly payment regularly.
The informant will have liberty to file appropriate application for cancellation of bail of the petitioner, if the petitioner defaults for making payment of maintenance amount in three consecutive occasions till it is modified by any superior Court.
The above payment will be subject to any order being passed in matrimonial or maintenance proceeding. The present order, in no way will preclude the parties to resolve the issue otherwise.
(Dinesh Kumar Singh, J) Shageer/- U T