Masoom Raza @ Masoom Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54154 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- PURAINI District- Madhepura ====================================================== Masoom Raza @ Masoom Raja son of Md. Abdul Kalam @ Abdul Kalam Village- Murblla Ward No.11, PS- Barhara Kothi District- Purnia ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sakila Begam wife of Masoom Raja, D/o- Md. Haroon Rashid VillageVanshgopalpur W.No-1, PS- Pureni, Dist- Madhepura ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surya Narayan Yadav, Advocate For the State :
Mr. Parmanand Kumar, APP For the Informant : Mr. Uday Chand Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-03-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Puraini P.S. Case No.10 of 2024 instituted under Sections 341, 323, 328, 498(A), 504, 506/34 of the I.P.C. and Section 3⁄4 of the Dowry Prohibition Act.
3. The informant was subjected to torture by the accused persons including petitioner due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner is the husband of the informant and he wants to
Patna High Court CR. MISC. No.54154 of 2024(4) dt.22-03-2025 2/3 keep his wife with full honour and dignity but due to some differences, both husband and wife are not residing together. Petitioner is ready to make payment of Rs.4,000/- (Rupees four thousand only) per month to his wife (informant).
5. Learned counsel for the informant submits that the informant also wants to lead conjugal life with the petitioner.
6. Considering the above facts and circumstances of the case, the submissions of learned counsel for the parties and the fact that the petitioner is voluntarily promising to make payment of Rs.4,000/- per month to the informant (wife), in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released 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., Udakishunganj, Madhepura in connection with Puraini P.S. Case No.10 of 2024 subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
7. It is made clear that the petitioner shall make payment of Rs.4,000/- (Rupees four thousand only) per month to the informant (wife) from the month of March, 2025 in her account which shall be adjusted in maintenance amount, if any, to be
Patna High Court CR. MISC. No.54154 of 2024(4) dt.22-03-2025 3/3 awarded by the court concerned in Maintenance Case No.09 of 2024. On non-making of payment as agreed by the petitioner, the informant will be at liberty to file appropriate application before the court concerned for cancellation of bail of the petitioner and the court concerned shall pass the appropriate order including the cancellation of bail of petitioner. (Sunil Dutta Mishra, J) Harish/- U T