Md. Mumtaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42014 of 2023 Arising Out of PS. Case No.-1595 Year-2022 Thana-COMPLAINT CASE District- Purnia ====================================================== Md. Mumtaz Son Of Md. Injar Village Gandwas Police Station Dagarua District Purnia ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Hasina @ Bibi Rashina Wife Of Mumtaz Resident Of Village- Gandwa, PsDagarwa, District- Purnia ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikram Singh, advocate For the State :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-08-2023 1.

Heard the learned counsel for the petitioner and the learned A.P.P. for the State. 2.

The petitioner apprehends his arrest in connection with C.A. Case No.1595 of 2022, registered for the offence punishable under Section 498A of the Indian Penal Code.

3.

The case of the complainant, in brief, is that her marriage was solemnized with the petitioner on 08.06.2016, wherein lots of gifts were given to the accused persons and then, she had gone to her matrimonial home, however, subsequently, the accused persons, including the

2/4 petitioner herein, started demanding a sum of Rs.3 lakh and a Pulsar motorcycle by way of dowry, whereafter, she had given birth to a daughter on 01.06.2017, however, subsequently, on account of non-fulfillment of demand for dowry, she was thrown out of her matrimonial home.

4.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted, by referring to paragraph no.9 of the present petition, that the petitioner is ready and willing to keep his wife i.e. the opposite party no. 2-complainant with due honour and dignity and he is also ready to participate in mediation proceedings, if any, to be initiated by the Ld. Court below, in order to resolve the matrimonial disputes amicably.

5.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

6.

Having regard to the facts and

3/4 circumstances of the case, considering the submissions made by the learned counsel for the petitioner, I deem it fit and proper to direct the petitioner to surrender before the learned court of Judicial Magistrate, 1st Class, Purnia, in connection with C.A. Case No.1595 of 2022, within a period of four weeks from today, whereupon the petitioner shall be admitted to the privilege of provisional bail on the very same day and then the learned court below shall issue notice to the complainant-wife and hold mediation proceeding in between the petitioner and his wife with a view to settle the matrimonial disputes between them amicably.

7.

The learned court below is directed to take a final call with regard to either confirming the provisional bail to be granted to the petitioner or revoking the same subject to outcome of the mediation proceeding as also considering the case of the petitioner on merits, without being prejudiced by the dismissal of his bail petition by the learned court below.

8.

In the meantime, for a period of four

4/4 weeks from today, no coercive steps shall be taken against the petitioner herein.

9.

The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U T