Md. Sarfaraj @ Chotan @ Sarfaraj @ Md. Sarfaraj Sheikh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39688 of 2016 Arising Out of PS.Case No. -2430 Year- 2013 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================
1. Md. Sarfaraj @ Chotan @ Sarfaraj @ Md. Sarfaraj Sheikh son of Late Moinuddin, resident of Village- Milki Ghazipur, P.S. Tarapur, Distt. Munger .... Petitioner
Versus
1. The State of Bihar.
2. Rahana Khatoon D/o Md. Jabbar W/o Md. Sarfaraj Sheikh @ Chotan, R/o Village- Dilgauri, P.S. Sultanganj, Distt. Bhagalpur .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Md. Aslam Ansari, Adv. For the State : Mr. Ram Priya Saran Singh, APP 52 For the complainant : Mr. Anamul Haque, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-09-2016 The petitioner, being the husband of the complainant apprehending arrest in a case registered under Sections 498A, 323, 504, 506 and 307 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.
The basic accusation is of torture for non-fulfillment of dowry demand.
The learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and birth of a child and is ready to keep the complainant as wife with full dignity and honour. Statement to the aforesaid effect has been made in paragraph no. 10 of the petition, which reads as follows : "That the petitioner is ready to keep the complainant with full dignity and honour."
The petitioner has filed a Matrimonial Suit No. 1146 of 2013 for the restitution of conjugal rights and, thereafter, this petition has been filed. Similar stand was taken before the lower
Patna High Court Cr.Misc. No.39688 of 2016 (3) dt.19-09-2016 Court, but, the complainant refused to accept the offer. The learned counsel for the complainant submits that the complainant is ready to accept the offer of the petitioner, but, is ready for resolving the issue in terms of payment of one time settlement amount.
Since, it very fairly submitted by the learned counsel for the informant a process under Section 82 of the Criminal Procedure Code has been issued, this Court is not inclined to grant anticipatory bail to the petitioner, but, keeping in view the stand of the petitioner it is a case for consideration of bail if the petitioner surrenders in connection with Complaint Case No. 2430 of 2013, pending in the Court of Subdivisional Judicial Magistrate, Bhagalpur, within six weeks from today.
With this observation this petition is disposed off. (Dinesh Kumar Singh, J) SA/- U √ T √