Md. Zasir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60157 of 2022 Arising Out of PS. Case No.-104 Year-2022 Thana- KORHA District- Katihar ====================================================== MD. ZASIR SON OF LATE MD. HUSAINI R/O RANGRA SEIKH TOLA, P.S.- RANGRA, DISTT- BHAGALPUR ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

NISHRAT PRAVIN WIFE OF MD. JASIR, D/O SHERA RASHID R/O DIWANDIH, P.S.- KORHA, DISTT- KATIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP.

Mr. Binay Kumar Shive Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-05-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 343, 323, 147, 354, 498 (A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Petitioner, who is husband of informant, is said to have tortured upon her physically and mentally over the dowry demand, in association with his family members. They also ousted her from her matrimonial house. Petitioner is said to have solemnized second marriage with another lady. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no

Patna High Court CR. MISC. No.60157 of 2022(3) dt.19-05-2023 2/3 offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry.

Petitioner is ready to pay Rs. 3,000.00 (Rupees Three Thousand) per month to the informant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

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 where the case is pending/successor Court in connection with Korha P.S. Case No. 104 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

Learned counsel for the informant is directed to furnish

Patna High Court CR. MISC. No.60157 of 2022(3) dt.19-05-2023 3/3 the bank account details of the informant. If he 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 after he furnishes her bank account details.

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.

With the aforesaid observation and direction, this application stands disposed of.

(Anjani Kumar Sharan, J) divyanshi/- U T