Md. Mahfooz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65770 of 2023 Arising Out of PS. Case No.-2712 Year-2020 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== MD. MAHFOOZ SON OF MD. ZAFIR RESIDENT OF VILLAGE - SAIDPUR GANESH, P.O. - PANAPUR DHARMPUR, P.S. - BIDUPUR, DISTRICT - HAJIPUR (VAISHALI) PIN CODE NO. - 844102 ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

NAGMA PARVEEN W/O. MD. MAHFOOZ, D/O. MD. AKRAM RESIDENT OF VILLAGE - SAIDPUR GANESH, P.O. - PANAPUR DHARMPUR, P.S. - BIDUPUR, DISTRICT - HAJIPUR (VAISHALI) PIN CODE NO. - 844102 (AT PRESENT RESIDING AT MOHALLA - PURANI GUDARI ROAD, MAHARAJI POKHAR, CHAKMOAZZAM, WARD NO.38, P.O.- RAMNA, P.S. - NAGAR, DISTRICT - MUZAFFARPUR) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pradeep Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned APP for the State. Despite valid service of notice upon the O.P. No.2, nobody has entered appearance on her behalf.

2.

Petitioner apprehends his arrest in a case registered for the offences punishable u/s 498A of the IPC and 3⁄4 of D.P. Act. 3.

Petitioner, who is husband of complainant, is said to have tortured the complainant over dowry demand and ousted her from the matrimonial house.

4.

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.65770 of 2023(3) dt.22-01-2024 2/2 offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor 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.

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 Complaint Case No.2712 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

6.

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) pallavi/- U T