Md. Rizwan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59785 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- MAHILA PS District- Darbhanga ====================================================== MD. RIZWAN son of Md. Abdul Rahman @ Abdul Gani @ Hira VillageRasalpur Ps- Hayaghat Dist- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Tasneem D/o- Md. Kamruzzama Village- Banauli Ps- Samiri DistDarbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-09-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Darbhanga Mahila P.S. Case No. 22 of 2023 dated 14.03.2023 registered for the offences punishable under Sections 498A, 323, 504 read with Section 34 of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act.

4. As per the prosecution case, the petitioner and the coaccused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of Rs.

Patna High Court CR. MISC. No.59785 of 2023(2) dt.27-09-2023 2/3 5,00,000/- and Bullet motorcycle as dowry.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. The petitioner neither demanded any dowry nor tortured the informant. It is further submitted that the petitioner is the husband of the informant and he has no concern with the alleged offence. 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." Learned counsel has further submitted that Section 498A of the Indian Penal Code is triable by the Magistrate. The petitioner has clean antecedent as stated in para 3 of the bail petition.

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

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Darbhanga in connection with Darbhanga Mahila, P.S. Case No. 22 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.59785 of 2023(2) dt.27-09-2023 3/3

8. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

9. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T