Md Tanzeelur Rahman @ Md Tanzeel @ Tanjeelur Rahman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36910 of 2023 Arising Out of PS. Case No.-901 Year-2022 Thana- COMPLAINT CASE District- Araria ====================================================== MD TANZEELUR RAHMAN @ MD TANZEEL @ TANJEELUR RAHMAN S/O MD KALIM R/O Village- Chandardai Ward No. 08, P.S.Araria(RS), Dist.-Araria ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
RUKHSANA PARWEEN W/O MD TANZEELUR RAHMAN @ MD TANZEEL @ TANJEELUR RAHMAN, D/O MD SAGIR R/O VillageChandardai ward no.07, P.S.-Araria (R.S), Dist.-Araria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Ziaul Quamar, Adv.
For the Opposite Party/s :
Mr.Md. Iftekhar Mahmood, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-07-2023 Heard learned counsel for the for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498(A), 504, 506 of the Indian Penal Code and 3⁄4 of the D.P. Act.
3. Petitioner, who is husband of complainant, is said to have tortured upon her physically and mentally and ousted her and her child from the matrimonial home in association of his family members over the dowry demand.
4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.36910 of 2023(2) dt.18-07-2023 2/3 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. Earlier, the complainant has lodged Araria (R.S.) P.S. Case No. 408 of 2022 against the petitioner for the same offence. It is further submitted that petitioner 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.
5. In that view of the matter, as the complainant filed two cases against the petitioners for the same offence, 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. 901 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Patna High Court CR. MISC. No.36910 of 2023(2) dt.18-07-2023 3/3
6. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.
(Anjani Kumar Sharan, J) divyanshi/- U T