Md. Nasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48404 of 2023 Arising Out of PS. Case No.-177 Year-2020 Thana- AMDABAD District- Katihar ====================================================== MD. NASIM SON OF NIRJAT ALI @ MD. NIRJAT ALI RESIDENT OF CHHARKA TOLA (BAIDA), P.S. - AMDABAD, DISTRICT - KATIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR, ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-08-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Amdabad P.S. Case No. 177 of 2020, registered for the offences punishable under Section 498A, 341, 323, 504 and 506/34 of the Indian Penal Code.

3.

The case of the informant, in brief, is that her marriage was solemnized with the petitioner about 14 years ago, as per Muslim rites and rituals, whereafter the informant had gone to her matrimonial home, however, subsequently, the accused persons including the petitioner herein started demanding a sum of Rs. 5,00,000/- by way of dowry and on account of nonfulfillment of the same, the informant was ousted from her matrimonial home.

Patna High Court CR. MISC. No.48404 of 2023(2) dt.19-08-2023 2/3 4.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted, by referring to paragraph no. 15 of the present petition, that the petitioner is ready and willing to keep his wife i.e. the informant with due honour and dignity and he is also ready to participate in mediation proceedings, if any, to be initiated by the Ld. Court below, in order to resolve the matrimonial disputes amicably. 5.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail. 6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, I deem it fit and proper to direct the petitioner to surrender before the learned court of C.J.M., Katihar, in connection with Amdabad P.S.Case No. 177 of 2020, within a period of four weeks from today, whereupon the petitioner shall be admitted to the privilege of provisional bail on the very same day and then the learned court below shall issue notice to the informant-wife and hold mediation proceeding in between the petitioner and his wife with a view to settle the matrimonial disputes between them amicably.

Patna High Court CR. MISC. No.48404 of 2023(2) dt.19-08-2023 3/3 7.

The learned court below is directed to take a final call with regard to either confirming the provisional bail to be granted to the petitioner or revoking the same subject to outcome of the mediation proceeding as also considering the case of the petitioner on merits, without being prejudiced by the dismissal of his bail petition by the learned court below. 8.

In the meantime, for a period of four weeks from today, no coercive steps shall be taken against the petitioner herein. 9.

The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U T