Md. Imran Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50071 of 2024 Arising Out of PS. Case No.-58 Year-2024 Thana- SISWAN District- Siwan ====================================================== Md. Imran Khan SON OF MD NIYAMUL HAQUE KHAN @ NAIMULAH KHAN VILLAGE- SARAIYA, P.S.- SISWAN, DISTT.- SIWAN ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
WAZIDA TABSUM @ JULI KHATOON WIFE OF MD. IMRAN KHAN D/O- LATE HAKUMUDDIN MOHALLA- NAYA QUILA, NAWALPUR, P.S.- SIWAN TOWN, DISTT.- SIWAN 3.
SHAJAHAN KHATOON WIFE OF LATE HAKIMUDDIN MOHALLANAYA QUILA, NAWALPUR, P.S.- SIWAN TOWN, DISTT.- SIWAN ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Shrivastava For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-08-2024
1. Heard learned Counsel for the petitioner, learned Counsel for the complainant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Siswan (M.H. Nagar) Case No. 58 of 2024, registered for the offences punishable under Sections 341, 323, 504, 506, 498(A), 34 of the Indian Penal Code.
3. As per the prosecution case, the marriage of the Opposite Party No. 2 was solemnized with the petitioner about five years ago and for some years, the informant's daughter was kept properly but now, she is being tortured by the accused persons for a demand of Rs. 2 lacs. It has
Patna High Court CR. MISC. No.50071 of 2024(2) dt.28-08-2024 2/3 further been alleged that when the informant reached her daughter's sasural, she was threatened of dire consequences.
4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. However, without prejudice to the right and contention of the petitioner, and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 3,000/- per month to the Opposite Party No. 2 as living cost, subject to the final outcome of the present case as well as the matrimonial case, if any, pending and/or decided between the parties.
5. Learned Counsel for the complainant-Opposite Party No. 2 accepts the offer so made by learned Counsel for the petitioner and submits that the petitioner may be directed to deposit the said amount of Rs. 3,000/- per month in the bank account of the complainant-Opposite Party No. 2, details of which shall be furnished by learned Counsel for the Opposite Party No. 2 to learned Counsel for the petitioner within ten days from today.
6. After having heard learned Counsel for the parties and
Patna High Court CR. MISC. No.50071 of 2024(2) dt.28-08-2024 3/3 taking into consideration the materials on record and the fact that the offer made by learned Counsel for the petitioner has been accepted by learned Counsel for the Opposite Party No. 2, I am inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned MS Surbhi Singhania, Judicial Magistrate 1st Class, Siwan, in connection with Siswan (M.H. Nagar) Case No. 58 of 2024.
9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 3,000/- per month in the bank account of Opposite Party No. 2, staring from 10th September, 2024.
(Anil Kumar Sinha, J) HarshPandey/- U T