Md. Zaheer Ahmad @ Md. Zaheer @ Zaheer Ahmad @ Md. Zahur Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49190 of 2024 Arising Out of PS. Case No.-1045 Year-2016 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Md. Zaheer Ahmad @ Md. Zaheer @ Zaheer Ahmad @ Md. Zahur Ahmad Son of Md. Ansasul Alam R/o Village- Ujani Pokhariya Tola, P.S.- Naugachia, District- Bhagalpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Bibi Jahana Wife of Md. Zaheer Ahmad, D/o Md. Sahabuddin R/o VillageSoldhariya Khaira, P.S. Shahkund, District- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP For the Complainant :
Mr. Dharmendra Kr. Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A), 323 of the IPC and 3/4 of D.P. Act.
3. Petitioner, who is husband of complainant, is said to have tortured and ousted her from the matrimonial home in association of his family members over the dowry demand of Rs. 1,00,000/- and one motorcycle.
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.49190 of 2024(4) dt.19-11-2024 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. Complainant never wanted to live with the petitioner and always abuse him. Complainant and her father are in habit to file false case one by one. He is still ready to keep her with full honour and dignity. 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 No. 1045 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,
6. Petitioner is ready to pay Rs.4,000.00 (Rupees Four Thousand) per month to the complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, complainant shall be at liberty to
Patna High Court CR. MISC. No.49190 of 2024(4) dt.19-11-2024 3/3 move before the learned Court below for cancelling the bail bond of the petitioner.
7. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.
8. Learned counsel for the complainant is directed to furnish the bank account details of the complainant in the learned Court below. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the complainant after she furnishes her bank account details.
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 Center for the purpose of reconciliation or one time settlement.
10. With the aforesaid observation and direction, this application stands disposed of.
(Anjani Kumar Sharan, J) priyanka/- U T