Nasaruddin Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58411 of 2022 Arising Out of PS. Case No.-1346 Year-2021 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== NASARUDDIN ALAM Son of Nasir Alam @ Nesar Alam Resident of Village- Mahodipur Mir Tola Ward No. 14, P.O. and P.S.- Majhaulia, DistrictWest Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anarsa Khatoon Wife of Nasaruddin Alam, Daughter of Mir Farid Resident of Village- Mahodipur Mir Tola Ward No. 14, P.O. and Police StationMajhaulia, District- West Champaran, at present resident of villageBaishakhwa, P.S.- Gopalpur, District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sachida Nand Rai For the Opposite Party/s :

Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2022 Heard the parties.

The petitioner apprehends his arrest in a case registered under sections 498(A) of the IPC.

Petitioner, who is husband of the informant, is said to have committed torture upon the informant in association of his family members on account of non-fulfillment of demand of dowry.

It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case due to grudge. There is

Patna High Court CR. MISC. No.58411 of 2022(2) dt.22-12-2022 2/3 general and omnibus allegation against the petitioner and he is ready and willing to keep his wife with full honour and dignity. 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. In that view of the matter, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds 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 Complaint Case No.

1346C of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. Petitioner is ready to pay Rs.3000/- (Rupees Three Thousand) per month to opposite party no.2 in the second week of every month for a period of one year, for her maintenance, as per the bank account details furnished by her in the learned Court below.

It is made clear that if the petitioner fails to pay the aforesaid amount on three consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below

Patna High Court CR. MISC. No.58411 of 2022(2) dt.22-12-2022 3/3 for cancellation of the bail bond of the petitioner. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceedings.

Learned Court below is directed to issue notice to informant/complainant for furnishing her bank account details. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the informant/complainant after she furnishes her bank account details.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

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