Firoz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32682 of 2024 Arising Out of PS. Case No.-1931 Year-2023 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== FIROZ ALAM S/O NASIM AKHTAR R/O VILLAGE- RAMGHAT BELOURI, P.S- MUFFISSIL RANIPATRA, DISTT.- PURNEA. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

RAUSHAN ARA W/O FIROZ ALAM, D/O SIKANDAR ALI R/O VILLAGE- MILKI, P.S- K.HAT (MARANGA), DISTT.- PURNEA. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. Nawal Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-10-2024

1. Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 1931 of 2023, registered for the offences under Sections 498-A of the Indian Penal Code.

3. The allegation, as per the complaint case, is that the marriage of the Opposite Party No. 2 was solemnized with the petitioner on 16.11.2020. After some time, the petitioner and other family members started demanding a sum of Rs. 5 Lakh as dowry and due to non-fulfillment of

2/4 the said demand, the complainant was harassed and tortured mentally and physically by the petitioner and other accused members persons. From the wedlock a child was born, the accused persons, including the petitioner, then assaulted the complainant and ousted her from matrimonial home.

4. The matter was referred to the mediation, however, the mediation failed. When the matter was called out and heard, this Court explored the possibility of amicable settlement between the parties.

5. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. However, without prejudice to the right and contention of the petitioner, and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 4,000/- per month to the Opposite Party No. 2 as living cost, subject to the final outcome of the present case as well as the matrimonial case, if any, pending and/or decided between the parties.

6. Learned counsel for the complainant-Opposite Party No. 2 submits that the petitioner has performed second

3/4 marriage and so accepts the offer made by learned Counsel for the petitioner and submits that the petitioner may be directed to deposit the said amount of Rs. 4,000/- per month in the bank account of the complainantOpposite Party No. 2, details of which shall be furnished by learned Counsel for the Opposite Party No. 2 to learned Counsel for the petitioner within ten days from today.

7. After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the offer made by learned Counsel for the petitioner has been accepted by learned Counsel for the Opposite Party No. 2, I am inclined to grant the petitioner privilege of anticipatory bail.

8. This application is, accordingly, allowed.

9. Let the petitioner, above named, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Purnea, in connection with Complaint Case No. 1931 of 2023.

4/4 10.This is subject to the condition that the petitioner shall deposit a sum of Rs. 4,000/- per month in the bank account of Opposite Party No. 2, staring from 11th November, 2024.

(Anil Kumar Sinha, J) ashwani/- U T