Md. Samsher v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59594 of 2023 Arising Out of PS. Case No.-1887 Year-2021 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Md. Samsher S/O Md. Amirul R/O Village- Ward No. 13, Chakalhadad (SHEKHTOLA), P.O- Alahadpur, P.S- Vaishali, Distt.- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Khusbu Praveen W/O Md. Samsher R/O Village- Chakalhadad Shekhtola, P.O- Alahadpur, P.S- Vaishali, Distt.- Vaishali At Present Residing D/O Shamsul Hoda, R/O Mohalla- Maripur, P.S- Kazi Mohammadpur, Distt.- Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 1887 of 2021 registered for the offence punishable under Sections-498(A), 323, 324, 384, 386, 420, 406, 354, 307, 120(B)/34 of the Indian Penal Code.

3. Prosecution case, in short is that the complainant was meted out with torture and assault at the hands of accused persons due to non-fulfillment of demand of dowry. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.59594 of 2023(4) dt.29-02-2024 2/3 present case. As a matter of fact, the victim herself refused to reside with the petitioner and he has lodged this false case against him.

4. On the otherhand, learned counsel appearing for the complainant opposed the prayer for bail and has submitted that the victim has apprehension of life threat at the hands of the petitioner, and that is why, she is not willing to go to her matrimonial house.

5. The petitioner, as per submission of learned counsel, has already lodged a case for restitution of conjugal rights which shows that he is willing to keep his wife with full dignity and honour.

6. Considering the above-mentioned facts and circumstances of the case, let the petitioner named above, in the event of his arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Ms. Alka Pandey, learned Judicial Magistrate-Ist Class, Muzaffarpur (East) in connection with Complaint Case No. 1887 of 2021 subject to the conditions as laid down under Section 438 of the Cr.P.C.

7. Further, the petitioner is directed to pay a sum of

Patna High Court CR. MISC. No.59594 of 2023(4) dt.29-02-2024 3/3 Rs. 3,000/- per month to the victim/complainant. The amount, so given by the petitioner to the victim/complainant shall be adjustable to any other amount, awarded to the victim/complainant by any other competent court. (Nawneet Kumar Pandey, J) A.K.V.//- U T