Md. Saddam Rain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43972 of 2023 Arising Out of PS. Case No.-278 Year-2019 Thana- COMPLAINT CASE District- Sheohar ====================================================== MD. SADDAM RAIN SON OF JAINUL HAK @ MD. JAINUL RESIDENT OF VILLAGE- KHARKA,PS -RUNNISAIDPUR, DISTT- SITAMARHI ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SABJA KHATOON WIFE OF MD. SADDAM RAIN RESIDENT OF VILLAGE- RAMPUR, PO- HIRAMMA, PS- TARIYANI, DISTTSHEOHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bindeshwar Sah For the Opposite Party/s :

Mr. Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2023 Heard learned learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) & 323 of the Indian Penal Code.

3. Petitioner, who is husband of opposite party no. 2, is said to have ousted the opposite party no. 2 from her 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

Patna High Court CR. MISC. No.43972 of 2023(3) dt.07-12-2023 2/3 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 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 C1 278 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

6. Petitioner is ready to pay Rs. 3,000/- (Rupees Three Thousand) per month to the opposite party no. 2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no. 2 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 amount

Patna High Court CR. MISC. No.43972 of 2023(3) dt.07-12-2023 3/3 shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

8. Learned counsel for the opposite party no. 2 is directed to make available the bank account details of opposite party no. 2 in the learned Court below.

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 Centre for the purpose of reconciliation or one time settlement.

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