Patna High CourtCR. MISC./58313/2024disposed

Umar Farooque @ Umar Garooque @ Md Umar Farooque v. The State Of Bihar

2024-11-20Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58313 of 2024 Arising Out of PS. Case No.-4 Year-2023 Thana- LAXMIPUR District- Jamui ====================================================== Umar Farooque @ Umar Garooque @ Md Umar Farooque Son of Sirajuddin Resident of Alakhpura, P.S. - Gidhaur, District - Jamui ... ... Petitioner/s

Versus

The State of Bihar 2.

Rajina Khatoon Wife of Umar Farooque @ Umar Garooque @ Md Umar Farooque, Daughter of Gulam Ansari Resident of Village - Moura, P.O. - Moura, P.S. - Gidhaur and District - Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binay Kumar, Adv.

For the Opposite Party/s :

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Laxmipur (Gidhaur) P.S. Case No. 04 of 2023, instituted for the offence punishable under Sections 341, 323, 498A/34 of the Indian Penal Code, Section 3⁄4 of the D.P. Act and Section 4 of the Muslim Women (Protection of Right on Marriage) Act, 2019.

3. The petitioner is the husband of opposite party no. 2.

4. The allegation against the petitioner and their family members is that they used to torture and assault the

Patna High Court CR. MISC. No.58313 of 2024(3) dt.20-11-2024 2/3 informant saying that she is only giving birth to girl child and therefore they demanded two lacs from her parents through the informant for depositing in the name of two daughters. When she refused the said demand then the accused persons assaulted the informant.

5. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that petitioner is ready to keep his wife with full dignity and honour. Lastly, it has been submitted that he has no criminal antecedent.

6. Learned A.P.P. has opposed the prayer for bail of the petitioner.

7. Learned counsel for the informant also submits that the opposite party no. 2 is also ready to live with the petitioner along with her two minor children provided she is kept with full dignity and honour.

8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Laxmipur (Gidhaur) P.S. Case No. 04 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand)

Patna High Court CR. MISC. No.58313 of 2024(3) dt.20-11-2024 3/3 with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jamui, subject to condition as laid down under Section 438(2) of the Cr.P.C. as also to condition that at the time of furnishing bail bond on 03.12.2024, the informant is also directed to be present in court. Further, the petitioner is directed to take his wife with him on the same date i.e. 03.12.2024 from the court itself, failing which the bail bond furnished by the petitioner shall be cancelled.

9. The court below is directed to monitor the relationship of the petitioner with his wife by calling them physically in court every month for the next six months.

10. It is expected that the informant will also cooperate with the petitioner while living in the matrimonial home peacefully.

(Khatim Reza, J) prabhat/- U T