Md. Masum @ Md. Masum Khan @ Mo Masum Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53410 of 2023 Arising Out of PS. Case No.-872 Year-2021 Thana- COMPLAINT CASE District- Araria ====================================================== MD. MASUM @ MD. MASUM KHAN @ MO MASUM KHAN SON OF MO AMIL KHA @ MD. AMIL KHANA RESIDENT OF VILLAGE - GARI TOLA, WARD NO. 11, DAKRIPUR, POLICE STATION - SIMRAHA (FORBESGANJ), DISTRICT - ARARIA ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

TAMANNA KHATOON WIFE OF MO. MASUM KHAN, DAUGHTER OF MD. KALAM RESIDENT OF VILLAGE-ARRAHA, POLICE STATION - FORBESGANJ, DISTRICT- ARARIA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Ravish, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-08-2023 1.

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 Criminal Complaint No. 872 of 2021, registered for the offences punishable under Sections 498-A/34 of the Indian Penal Code.

3.

The allegation, according to the complainant, is that her marriage was solemnized with the petitioner on 15.06.2015 as per Muslim rites and customs, whereafter she had gone to her matrimonial home, however, subsequently she was

2/4 tortured on account of non-fulfillment of the demand of a sum of Rs. 2,00,000/- and a buffalo, by way of dowry and finally when she was not able to fulfill the demand for dowry, the complainant was ousted from her matrimonial home.

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 that the petitioner is ready and willing to keep his wife i.e. the complainant with due honour and dignity and he is also ready to participate in mediation proceedings, if any, to be initiated by the Ld. Trial Court, 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

3/4 petitioner, I deem it fit and proper to direct the petitioner to surrender before the learned court of Chief Judicial Magistrate, Araria, Araria in connection with Criminal Complaint No. 872 of 2021, 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 complainant-wife and hold mediation proceeding in between the petitioner and his wife with a view to settle the matrimonial disputes between them amicably.

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, earlier by the learned court below.

8.

In the meantime, for a period of four weeks from today, no coercive steps shall be taken

4/4 against the petitioner herein.

9.

The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U T