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Patna High CourtCR. MISC./35385/2021allowed

Arman Ali v. The State Of Bihar

2022-07-12Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35385 of 2021 Arising Out of PS. Case No.-298 Year-2019 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Arman Ali Son of Shahid Miyan Resident of Village- Dhansoi, P.S.- Dhansoi, Dist.- Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Nagma Khatun Daughter of Riyazuddin Abbasi Resident of Village- Bank P.S.- Akodhi Gola Dist.- Buxar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bachan Jee Ojha For the Opposite Party/s :

Dr. Indiwar Kumari Mr. Sanjay Sinha Mr. Fazle Karim ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2022 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A) and 34 of the Indian Penal Code.

Petitioner, who is husband of opposite party no.2, is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.35385 of 2021(3) dt.12-07-2022 2/3 that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drover her out of her matrimonial home nor tormented her over the demand of dowry. He is still ready to keep her with full honour and dignity. 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.

In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No.298 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

If so advised, either of the parties will be at liberty to make an application before the learned court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or for one time settlement.

Patna High Court CR. MISC. No.35385 of 2021(3) dt.12-07-2022 3/3 Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J.) Sanjay/- U T