Md Saddam Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68913 of 2021 Arising Out of PS. Case No.-26 Year-2020 Thana- MAHILA P.S. District- Vaishali ====================================================== MD SADDAM HUSSAIN S/o Md. Khalil R/o Village- Majhauli Mahamadpur, P.S. Sarai, Dist- Hajipur at Vaishali. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
SOFIA PRAVEEN W/o Md. Saddam Hussain, D/o Late Md. Wasi At present R/o Village- Sahpur Undi, Purani Bazar, P.S.- Patori, Dist- Samastipur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok For the State :
Mrs. Suman Kumari Singh For O.P. No.2 : Ms. Rupa Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2022 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A, 494, 341, 323, 379 & 354 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.68913 of 2021(6) dt.22-08-2022 2/3 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. He is still ready to keep her with full honour and dignity. It is further submitted that now petitioner has been terminated from the service.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. From perusal of the record, it appears that earlier vide order dated 09.04.2021, the prayer for anticipatory bail of the petitioner was rejected. He has renewed his prayer on the basis of Annexure-3 in which it is stated that petitioner has paid a sum of Rs.3,75,000/- to opposite party no.2 but learned counsel for the opposite party no.2 states that she has not received a single penny.
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
Patna High Court CR. MISC. No.68913 of 2021(6) dt.22-08-2022 3/3 where the case is pending/successor Court in connection with Mahila P.S. Case No.26 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., 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 purpose of reconciliation or for one time settlement.
Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) Trivedi/- U T