Nausherwan Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72609 of 2022 Arising Out of PS. Case No.-428 Year-2020 Thana- CIVIL LINE District- Gaya ====================================================== NAUSHERWAN KHAN Son of Fasahat Hussain Khan R/V- Dhanawan, P.SBarachatti, Dist- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sufiya Sultana D/o Shamim Ahmad Khan Resident of Mohalla- Baniya Pokhar , Near Taaz Manzil, Gaya , P.s- Civil Lines, Gaya , dist- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Jubair Ansari For the Opposite Party/s :

Mr .Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2023 Heard learned learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 323, 341, 504, 506, 498(A) and 34of the Indian Penal Code and Section 3, 4 of the Dowry Prohibition Act.

3. Petitioner, who is husband of opposite party no. 2, is said to have ousted the opposite party no. 2 from her matrimonial home in association of his family members over the dowry demand.

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no

Patna High Court CR. MISC. No.72609 of 2022(5) dt.13-12-2023 2/3 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.

5. 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 Civil Line P.S. Case No. 428 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

6. Petitioner is ready to pay Rs. 5,000/- (Rupees Five Thousand) per month to the opposite party no. 2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no. 2 shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

7. It goes without saying that the aforesaid amount

Patna High Court CR. MISC. No.72609 of 2022(5) dt.13-12-2023 3/3 shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

8. Learned counsel for the opposite party no. 2 is directed to make available the bank account details of opposite party no. 2 in the learned Court below.

9. 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 Centre for the purpose of reconciliation or one time settlement.

10. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) Ranjeet/- U T