Ataur Rahman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33192 of 2022 Arising Out of PS. Case No.-82 Year-2021 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== ATAUR RAHMAN Son of Sheikh Abid Resident of Village - Hirmani, P.s.,- Chhauradano, Distt.- East Champaran.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shahista Praveen D/o Md. Nesar Resident of Village - Sheikh Toli Laukhan, P.s.- Ghorasahan, Distt.- East Champaran.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar For the Opposite Party/s :
Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2023 Heard learned counsel for the for the petitioner and learned APP for the State.
Learned counsel for the petitioner submits that he filed a jointness petition in the present case and has stated that the notice has been received by the father of O.P. No.2 and both of them are residing together. As such, notice shall be treated as validly served upon the O.P. No.2.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A, 34 of the Indian Penal Code.
Petitioner, who is husband of informant/complainant, is said to have ousted her from the matrimonial home in
Patna High Court CR. MISC. No.33192 of 2022(6) dt.17-05-2023 2/3 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 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.
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.C- 82 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., Petitioner is ready to pay Rs.3000.00 (Rupees Three Thousand) per month to the informant/complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months,
Patna High Court CR. MISC. No.33192 of 2022(6) dt.17-05-2023 3/3 informant/complainant 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 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 Center for the purpose of reconciliation or one time settlement.
With the aforesaid observation and direction, this application stands disposed of.
(Anjani Kumar Sharan, J) shikha/- U T