Rahman Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68337 of 2021 Arising Out of PS. Case No.-92 Year-2018 Thana- MAHILA P.S. District- Rohtas ====================================================== Rahman Khan Son Of Rafi Khan Resident Of Village - Nikalu Bigha, P.O. And P.S.- Dehri, District - Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Reshma Khatoon Daughter of Late Manzoor Alam Resident of Muhalla - 12 Pathar Durga Mandir Chauk Dehri, P.S.- Dehri, District - Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashwani Kumar Tiwary For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498(A), 341, 323/34 of the Indian Penal Code. The accusations are of making assault for nonfulfillment of dowry demand and ousting the informant from her matrimonial house.

It is submitted by learned counsel for the petitioner that petitioner is husband of the informant and he tried his best to resume the conjugal life with the

Patna High Court CR. MISC. No.68337 of 2021(4) dt.14-11-2022 2/3 informant but it is the informant who did not want to reside with the petitioner. Hence, an Akrarnama was agreed upon between the parties on 23.09.2017 for dissolution of marriage and it was agreed that Rs. 40,000/- will be paid by the petitioner. The petitioner has already paid Rs. 40,000/- by depositing Rs. 15,00/- per month and from October, 2017 to May, 2018. A copy of the Akrarnama has been brought on record as Annexure-3 to the petition. It is also submitted that informant has already performed second marriage and she is leading a happy conjugal life.

It appears that vide order dated 26.07.2022, notices were issued to O.P. No. 2. The office notes suggest that notices were validly served to the informant but in spite of valid service of notice, none appears on behalf of O.P. No. 2.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four

Patna High Court CR. MISC. No.68337 of 2021(4) dt.14-11-2022 3/3 weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st, Class, Sasaram, Rohtas in connection with Mahila P.S. Case No. 92 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T