Syed Faizanun Navi @ Syed Faizan Un Nabi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43964 of 2024 Arising Out of PS. Case No.-696 Year-2022 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Syed Faizanun Navi @ Syed Faizan Un Nabi S/O Syed Mehdi Mokhtar Residen Of Desnavi Mansion, Mahalpur Biharsharif, Po - Biharsharif, Police Station - Bihar, District-Nalanda ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Madiha Pasha D/o Late Syed Ghulam Mustafa R/o Village-Ugawan, P.S.- Asthawan, District-Nalanda ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahtab Alam, Mr. Arif Daula, Adv.
For the Opposite Party/s :
Mr. Ahmad Ali, APP Mr. Ranjit Kr. Thakur, Adv.for OP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2025 Pursuant to order of this Court, the matter was referred to Mediation & Conciliation Centre of Patna High Court to explore the possibility of settlement, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report of Mediation Centre is kept at flag 'M').
2. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the complainant / opposite party no. 2.
3. The petitioner, apprehending his arrest in a complaint case punishable for the offences under Section
Patna High Court CR. MISC. No.43964 of 2024(5) dt.29-01-2025 2/3 498(A) & other allied sections of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, has prayed for grant of anticipatory bail.
4. Petitioner is alleged to have committed torture and harassment with opposite party no. 2 for dowry.
5. Learned counsel for the petitioner submits that petitioner denies the allegation made in the complaint petition and submits that he never committed torture to opposite party no. 2 or demanded dowry. However, the petitioner undertakes to give Rs. 3,000/-per month by way of temporary relief/solace, starting from this month, to the opposite party no.2.
6. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give temporary relief/solace of Rs. 3,000/- (Rupees three thousand) per month to the opposite party no. 2, in the event of arrest/surrender within a period of eight weeks from today, let the above-named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Nalanda at Biharsharif in connection with Complaint Case No. 696-C/2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following
Patna High Court CR. MISC. No.43964 of 2024(5) dt.29-01-2025 3/3 conditions:- "(1) Opposite party no. 2 would file an affidavit before the court below and bring on record her savings bank account number for its communication to the petitioner.
(2) Petitioner would deposit the aforesaid amount per month in the savings bank account of the opposite party no. 2.
(3) In case, the petitioner fails to deposit the aforesaid amount for two consecutive months, the court below would be at liberty to cancel the bail-bond.
(4) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise."
(Prabhat Kumar Singh, J) anay U T