Md. Aman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65406 of 2024 Arising Out of PS. Case No.-36 Year-2023 Thana- MAHILA PS District- Gaya ====================================================== Md. Aman Md. Mahmood R/O- Mohalla- Ekbal Nagar, PS- Kotwali, DistrictGaya ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Tarannum Praveen Wife of Md. Saroj Resident of Mohalla- Ekbal Nagar, P.S.- Kotwali, Distt.- Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Sinha For the Opposite Party/s :
Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 498(A), 323, 341, 494, 506, 509/34 of the Indian Penal Code read with Section 3/4 of Dowry prohibition Act.
3. Prosecution case in nutshell is that informant
2/4 has solemnized marriage to petitioner in the year 2020. Her parents had given Rs. 1,00,000/- (one lakh rupees) in cash and articles worth Rs. 3,00,000/- (three lakh rupees) as dowry, at the time of marriage. It is further alleged that after 1.5 years of marriage, petitioner left the informant at her paternal house. After that, informant came to know that petitioner (informant's husband) has solemnized other marriage. When the informant and her family members put pressure to keep her, petitioner denied and he demanded additional dowry of Rs. 8,00,000/- (eight lakh rupees). It is further alleged that petitioner also threatened to upload obscene photos and videos of informant on the social media.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. It is further submitted that petitioner is ready to keep his wife with full honour and dignity. A statement has been made in para 3 of the
3/4 petition that petitioner has clean antecedent.
5. Learned counsel for the informant and APP appearing on behalf of the State have prayed for some maintenance for survival of the informant as she is a housewife and she is not able to maintain herself.
6. It is submitted on behalf of the petitioner that he is ready to make payment of Rs. 3,000/- (three thousand rupees) per month to the informant by depositing the same in her bank account commencing from the month of March, 2025 and he will file an affidavit before the trial Court, regarding the aforesaid payment.
7. The aforesaid payment will be subject to any other order passed in the matrimonial or maintenance proceeding.
8. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated
4/4 above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Mahila Thana P.S. Case no. 36 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Gaya, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(S. B. Pd. Singh, J) Nirajkrs/- U T