Md Rijwan @ Md Reejwan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30607 of 2022 Arising Out of PS. Case No.-90 Year-2021 Thana- BELSAND District- Sitamarhi ====================================================== MD RIJWAN @ MD REEJWAN Son of Abdul Gani Resident of Village - Kansar, P.s.- Belsand, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
THE STATE OF BIHAR.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Shankar Kumar, Advocate For the State :
Mr. Ajay Kumar Jha, APP For the Informant :
Ms. Madhubala Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-09-2022 Heard learned counsel for the parties.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498(A) and 34 of the Indian Penal Code.
Petitioner, who is husband of informant, is said to have ousted her from her matrimonial home in association of his family members over the dowry demand.
It is submitted by learned counsel for the petitioner 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
Patna High Court CR. MISC. No.30607 of 2022(2) dt.08-09-2022 2/3 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 Belsand P.S. Case No.90 of 2021 (wrongly mentioned as Sursand P.S. Case No.90 of 2021 in the prayer portion of the bail application), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Petitioner is ready to pay Rs.3000/- (rupees three thousand) per month to the informant in the second week of every month for a period of one year. If the petitioner fails to pay the aforesaid amount on two consecutive months, the informant shall be at liberty to move before the learned court below for cancelling the bail bond of the petitioner. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial
Patna High Court CR. MISC. No.30607 of 2022(2) dt.08-09-2022 3/3 maintenance case or any other collateral proceedings. The learned court below is directed to issue notice to the informant and on her so appearance, the learned court below will ensure that the informant furnishes her bank account details so that the monthly installment amount can be deposited in her said account.
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.
Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J.) Sanjay/- U T