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Patna High CourtCR. MISC./35649/2024allowed

Seikh Reekat @ Reekat Alam @ Reekt Alam v. The State Of Bihar

2024-12-09Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35649 of 2024 Arising Out of PS. Case No.-43 Year-2023 Thana- MAHILA P.S. District- Bhagalpur ====================================================== SEIKH REEKAT @ REEKAT ALAM @ REEKT ALAM S/O MD. SEIKH NAZIR @ NAZIR R/O VILLAGE- BARI NAKI, P.S- SANOKHAR, DISTT.- BHAGALPUR.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

BIBI RAJDA D/O MD. JULFKAR, W/O SEIKH REEKAT @ REEKAT ALAM R/O VILLAGE- GARHOTIYA, P.S- LODIPUR, DISTT.- BHAGALPUR.

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Adv For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP Md. Najmul Hodda, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-12-2024 Heard Mr. Sharda Nand Mishra, learned counsel for the petitioner, Md. Najmul Hodda, learned counsel for the opposite party no.2 and Mr. Dilip Kumar No.1, learned APP for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 494, 498A, 323, 341, 504, 506, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3.

Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry

Patna High Court CR. MISC. No.35649 of 2024(6) dt.09-12-2024 2/3 demand.

4.

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 drove her out of her matrimonial home nor tormented her over the demand of dowry. 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.

5.

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 Bhagalpur Mahila P.S. Case No.43 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. 6.

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 Center for the purpose of reconciliation or for one time settlement.

Patna High Court CR. MISC. No.35649 of 2024(6) dt.09-12-2024 3/3 7.

Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) shikha/- U T