Aftab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49965 of 2024 Arising Out of PS. Case No.-1111 Year-2023 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Aftab Alam S/O- Md. Mojahir Hussain R/O Of Vill.- Khiriyawan, P.S.- Madanpur, District- Aurangabad(Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar Patna 2.

Aashiyan Khatoon W/O- Aftab Alam, D/O- Md. Haroon R/O Of Vill.- Khiriyawan, P.O.-Khiriyawan, P.S.- Madanpur, District- Aurangabad(Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anirudh Kumar Verma For the Opposite Party/s :

Mr.Suresh Prasad Singh Mr. Shailesh Kumar Singh ====================================================== 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 Complaint Case No. 1111 of 2023, in which cognizance has been taken for the offences punishable under Section 498-A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. The allegation, as per the First Information Report, is that the marriage of the Opposite Party No. 2 was solemnized with the petitioner on 27.01.2021 and after sometime, the petitioner and other family members started demanding Rs. 15,00,000/- by way of dowry and due to non-

Patna High Court CR. MISC. No.49965 of 2024(2) dt.28-08-2024 2/3 fulfillment of the said demand, the petitioner and other family members tortured the Opposite Party No. 2 physically as well as mentally and also ousted the Opposite Party No. 2 from her matrimonial home on 20.06.2021.

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. 5,000/- 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 and/or maintenance case, if any pending or disposed 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. 5,000/- 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

Patna High Court CR. MISC. No.49965 of 2024(2) dt.28-08-2024 3/3 petitioner within ten days from today.

6. After having heard learned Counsel for the parties and 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 Sub Divisional Judicial Magistrate, Aurangabad, in connection with complaint Case No. 1111 of 2023.

9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 5,000/- per month in the bank account of Opposite Party No. 2 positively, starting from 10th September, 2024.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √