Abdul Kuddus v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54782 of 2022 Arising Out of PS. Case No.-338 Year-2018 Thana- BISFI (PATAUNA) District- Madhubani ====================================================== Abdul Kuddus Son of Adul Nazir Resident of Village- Bisfi ( Patauna) , P.s.- Bisfi, District- Madhubani ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Sultana Wife of Abdul Kuddus Resident of Village- Patauna, P.S- Biosfi (Patauna O.P), Dist.- Madhuani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Jha For the Opposite Party/s :
Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned APP for the State but in spite of valid service of notice none is present on behalf of opposite party no.2.
2. Learned counsel for the petitioner has filed a jointness petition in which it is stated that the notice was received by brother of opposite party no.2 and they are living jointly in the same house.
3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 354, 379, 504 & 506/34 of the Indian Penal Code.
4. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her
Patna High Court CR. MISC. No.54782 of 2022(6) dt.06-02-2024 2/3 matrimonial home in association of his family members over the dowry demand.
5. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. 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.
6. In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond 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 Bisfi (Patauna) P.S. Case No.338 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,
7. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the
Patna High Court CR. MISC. No.54782 of 2022(6) dt.06-02-2024 3/3 purpose of reconciliation or for one time settlement.
8. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) Trivedi/- U T