Md. Shamim @ Shamim Khan @ Md. Shamim Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50858 of 2022 Arising Out of PS. Case No.-2373 Year-2016 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== MD. SHAMIM @ SHAMIM KHAN @ MD. SHAMIM KHAN S/o- Late Md. Haneef @ Md. Haneef Khan R/o Mohalla - 482/7 Ka, Bhando Tola, Iradat Nagar, Daliganj, P.S. - Hasanganj, Dist.- Lucknow, State - Uttar Pradesh.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shakira Khanam W/o Md. Idrish R/o vill- ASadulahpur Pokhraira @ Patilli, P.S.- Rajapakar, Dist.- Vaishali.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2022 Heard learned counsel for the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered under sections 498(A) of the IPC and sections 4 of Dowry Prohibition Act.

Petitioner is said to have committed torture upon the informant's daughter in association of his family members on account of non-fulfillment of demand of dowry. They also ousted her from her matrimonial house.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.50858 of 2022(2) dt.12-12-2022 2/3 petitioner is an innocent person and has committed no offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case due to grudge. There is general and omnibus allegation against the petitioner and he is ready and willing to keep his wife 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. In that view of the matter, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds 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. 2373 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. Petitioner is ready to pay Rs.4,000/- (Rupees Four Thousand) per month to opposite party no.2 in the first week of every month, for her maintenance, as per the bank account details furnished by her in the learned Court below.

Patna High Court CR. MISC. No.50858 of 2022(2) dt.12-12-2022 3/3 aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancellation of the bail bond of the petitioner. Learned court below is directed to issue notice to O.P. No.2/informant directing her to furnish the bank account details. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceedings.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) divyanshi/- U T