Salman Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32461 of 2022 Arising Out of PS. Case No.-148 Year-2021 Thana- LAUKAHA District- Madhubani ====================================================== SALMAN KHAN Son of Arman Khan Resident of Village - Laukaha, P.S. - Laukaha, District - Madhubani.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Jahaar Khatoon wife of Salman Khan Resident of Village - Laukaha, P.S. - Laukaha, District - Madhubani, at present Jahara Khatoon, Daughter of Md. Sattar Khan, Resident of Village - Laukaha, P.s. - laukaha, District - Madhubani.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumari Shubham For the Opposite Party/s :
Mr.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Laukaha P.S. Case No. 148 of 2021 instituted for the offence under Sections 341, 323, 448, 380, 325, 504, 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
The allegation against the petitioner is that due to non-fulfillment of dowry demand of Rs. 35 thousands and one motorcycle, petitioner started to assault and torture the informant mentally and physically.
Patna High Court CR. MISC. No.32461 of 2022(2) dt.23-11-2022 2/3 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. It is further submitted that petitioner is husband of informant and has falsely been implicated in this case. Learned Counsel for the informant prayed for some maintenance for survival of the informant as she is a housewife and she is not able to maintain herself.
In alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give rupee Three Thousand per month from this month, subject to furnishing bank account number by the informant to the petitioner.
In the changed circumstance, learned counsel for the informant admits that he shall provide bank account number of the informant to the petitioner within a period of one week from today. On receipt of the bank account number of the informant, the petitioner shall deposit Rs. 3,000/ (Three Thousand) in every month commencing from November as maintenance in the account furnished by the informant.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner
Patna High Court CR. MISC. No.32461 of 2022(2) dt.23-11-2022 3/3 is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Laukaha P.S. Case No. 148 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jhanjharpur, Madhubani subject to the conditions as laid down under section 438(2) of the Cr.P.C.
The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 3,000/- (for the month of November) by the petitioner in the account of the informant.
The aforesaid payment will be subject to any order passed in the maintenance case for final settlement.
(Sunil Kumar Panwar, J) amandeep/- U T