Md. Mustaque @ Mustaque @ Mustaque Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25269 of 2023 Arising Out of PS. Case No.-501 Year-2021 Thana- KORHA District- Katihar ====================================================== Md. Mustaque @ Mustaque @ Mustaque Alam Son Of Harun Rashid Resident Of Village - Pankhowa (Panarkouwa) Chak, P.S. - Jalalgarh, Distt. - Purnea ... ... Petitioner

Versus

1.

The State of Bihar 2.

Bibi Tajkera @ Josna Khatoon Wife Of Md. Mustaque @ Mustaque @ Mustaque Alam And D/O Manzer Alam @ Manzoor Alam Resident Of Village - Bandh Tola, Badgaon, P.S. - Korha, Distt. - Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Qumrul Hoda, Advocate For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498A/34 of the Indian Penal Code and Section 4 of Muslim Women (Protection of Right on marriage) Act 2019.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.25269 of 2023(2) dt.24-06-2023 2/3 petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has 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 State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Korha P.S. case No. 501/2021, 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 petitioner.

If so advised, either of the parties will be at liberty to

Patna High Court CR. MISC. No.25269 of 2023(2) dt.24-06-2023 3/3 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) Pankaj/Nitin U T