Abdul Badood v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42376 of 2024 Arising Out of PS. Case No.-1523 Year-2020 Thana- COMPLAINT CASE District- Araria ====================================================== Abdul Badood Son of Farook Resident of Village- Kadwa, P.S- Simraha, Dist Araria, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar Patna 2.

Bibi Khushboon Wife of Abdul Badood and Daughter of Siddik Resident of Village- Kuchha, Ward No- 3, P.S- Araria R.S, Dist- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nishant Kumar Sinha For the State :

Md. Matloob Rab For the Complainant :

Md. Naushad Uzzoha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-12-2024 Heard learned counsels for the parties.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code.

3.

Petitioner, who is husband of complainant, is said to have ousted her from the matrimonial home in association of his family members over the dowry 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

Patna High Court CR. MISC. No.42376 of 2024(3) dt.09-12-2024 2/3 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 Complaint Case No.1523-C/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., 6.

Petitioner is ready to pay Rs.4000.00 (Rupees Four Thousand) per month to the complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

7.

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.

8.

Learned Court below is directed to furnish the bank

Patna High Court CR. MISC. No.42376 of 2024(3) dt.09-12-2024 3/3 account details of the complainant in the learned Court below. 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 complainant after she furnishes her bank account details.

9.

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.

10.

With the aforesaid observation and direction, this application stands disposed of.

(Anjani Kumar Sharan, J) shikha/- U T