Md.Wasim Akram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30539 of 2022 Arising Out of PS. Case No.-321 Year-2020 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Md. Wasim Akram Son of Md.Shamim Akhtar R/o Village- Gondapur Near Eidgaah, P.S.- Nawada, District- Nawada.
... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
Shagufta Parveen Wife of Md. Wasim Akram, D/o Md. Salahuddin R/o Village- Gondapur Near Eidgaah, P.S.- Nawada, District- Nawada. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Anil Kumar Singh, Advocate For the State :
Mr. Navin Kumar Pandey, APP For O.P. No.2 :
None ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned APP for the State. None appears on behalf of opposite party no.2.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 341, 498(A), 307, 406 and 120(B) of the Indian Penal Code, Sections 3/4 of the Dowry Prohibition Act as well as under Section 5 of the D.V. Act.
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.
Patna High Court CR. MISC. No.30539 of 2022(8) dt.19-06-2023 2/3 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 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.321 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Petitioner is ready to pay Rs.4,000/- (rupees four thousand) per month to opposite party no.2 in the second week of every month. If the petitioner fails to pay the aforesaid
Patna High Court CR. MISC. No.30539 of 2022(8) dt.19-06-2023 3/3 amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned court below for cancellation of bail bond of the petitioner.
It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings. Learned court below is directed to issue notice to informant/complainant for furnishing her bank account details. If she fails to furnish the same, the aforesaid amount will be deposited in the learned court below which will be released in favour of the informant/complainant after she furnishes her bank account details.
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) S.KUMAR/- U T