Md. Shahid Akhtar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58217 of 2024 Arising Out of PS. Case No.-1792 Year-2023 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Md. Shahid Akhtar Son Of Late Rajibul @ Dabar Resident Of Village -Teghra Ps -Azamangar District -Katihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Lusi Khatoon Daughter Of Jainuddin Resident Of Village -Teghra Ps -Azamangar District -Katihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Musowir, Adv.
For the Opposite Party/s :
Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-02-2025 Heard learned counsel for the petitoiner as well as learned Additional Public Prosecutor for the State..
2. The petitioner is apprehending his arrest in connection with C. A. Case No. 1792 of 2023 for the offence under Sections 498A of the Indian Penal Code and 3 / 4 of the Dowry Prohibition Act.
3. It is a case of matrimonial dispute between the parties. Petitioner is the husband of complainant. Allegation against the petitioner and his family members is of torturing, assaulting and ousting the complainant from her matrimonial house due to non-fulfillment of dowry demand.
Patna High Court CR. MISC. No.58217 of 2024(4) dt.27-02-2025 2/3
4. Learned counsel for the petitioner submits that the allegations leveled against the petitioner and his family member is absolutely false and fabricated. Petitioner has neither demanded any kind of dowry from the complainant nor committed cruelty to the complainant. He further submits that petitioner is ready to keep his wife with full dignity but she refused to live with the petitioner.
5. Learned APP for the State opposed the prayer of anticipatory bail.
6. During course of argument learned counsel for the petitioner submits that petitioner is ready to give Rs. 3,000 per month as maintenance to his wife to show his bona-fide conduct. The above amount of maintenance will be adjusted in any future allowances awarded by any competent Court. Two months advance amount i.e. Rs. 6,000/- will be paid at the time of filing bail bond.
7. Keeping in view the above facts, let the petitioner be enlarged on anticipatory bail in the event of arrest or surrender within a period of four weeks from the receipt/production of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M. Katihar in
Patna High Court CR. MISC. No.58217 of 2024(4) dt.27-02-2025 3/3 connection with C. A. Case No. 1792 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (S. B. Pd. Singh, J) prabhakar/- U T