Shamshad Alam Pawariya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37804 of 2022 Arising Out of PS. Case No.-232 Year-2021 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== SHAMSHAD ALAM PAWARIYA Son of Late Ilakat Mian Pawariya Resident of Village- Bijai, P.S.- Ghorasahan, District - East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Raushankaisha Khatoon Daughter of Mobarak Alam Pawariya Resident of village - Nimui Pawariya Tola, P.s.- Sugauli, District - East champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-09-2022 Heard learned counsel for the parties.

Learned counsel for the petitioner is directed to remove the defects within three weeks.

The petitioner apprehends his arrest in a case registered u/s 323, 504, 498(A) IPC and sections 3⁄4 of D.P. Act. Petitioner, who is husband of complainant, is said to have committed torture upon the complainant in association of his family members on account of non-fulfillment of demand of dowry.

It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence. Petitioner has never made any dowry demand and has been

Patna High Court CR. MISC. No.37804 of 2022(2) dt.29-09-2022 2/3 falsely implicated in the present case due to grudge. There is general and omnibus allegation against the petitioner and he is ready and willing to keep his wife 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 petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds 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 - 232 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. Petitioner is ready to pay Rs.5000/- (Rupees Five Thousand) per month to opposite party no.2 in the first week of every month, for her maintenance, as per the bank account details furnished by her in the learned Court below. Learned court below is directed to issue notice to the complainant to enable her to furnish the bank details.

Patna High Court CR. MISC. No.37804 of 2022(2) dt.29-09-2022 3/3 aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancellation of the bail bond of the petitioner. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceedings.

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.

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