Mohammad Jakir @ Mohammad Zakir @ Md. Zakir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60760 of 2023 Arising Out of PS. Case No.-1493 Year-2021 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Mohammad Jakir @ Mohammad Zakir @ Md. Zakir Son Of Mohammad Farooque @ Md. Faruk Village- Rangra Ps- Rangra Dist- Bhagalpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Moni Khatoon wife of Mohammad Jakir, D/o- Mustak Village- Bharsia PsFalka Dist- Katihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Rahmatullah For the Opposite Party/s :
Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2024 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
3. 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.
4. It is submitted by learned counsel for the 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
Patna High Court CR. MISC. No.60760 of 2023(4) dt.19-01-2024 2/3 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. However, the petitioner is ready to give Rs.3,000.00 (Rupees Three Thousand) per month to opposite party no.2 in first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding. If the petitioner fails to give the aforesaid amount on three consecutive dates to opposite party no.2, his bail bond shall automatically be cancelled.
6. Learned counsel for the opposite party no. 2, under instruction, submits that opposite party no.2 undertakes to provide her bank account details to the petitioner within a period of two weeks by submitting the same on affidavit before the learned court below.
7. In that view of the matter, let the above named petitioner, be released on anticipatory 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
Patna High Court CR. MISC. No.60760 of 2023(4) dt.19-01-2024 3/3 of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No. 1493 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,
8. 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 one time settlement. (Anjani Kumar Sharan, J) devendra/- U T