Md. Umar Farooque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1037 of 2022 Arising Out of PS. Case No.-107 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== MD. UMAR FAROOQUE Son of Md. Mubarak Hussain Resident of village - Basantpur, Police Station- Sahebganj, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sahana Khatoon Daughter of Md. Md. jainuddin , Wife of Md. Umar Farooque Resident of Naihar Village- Narwara Jatulia, Post office- Narwa, Police Station - Baruraj, District - Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mazharul Hassan, Adv.

For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP Mr.Udit Narayan Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered under sections 341, 323, 498(A), 494 of the IPC. Petitioner, who is husband of the informant, is said to have committed torture upon the informant in association with his family members on account of non-fulfillment of demand of dowry and also of ousting her out of the matrimonial house. 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 general and omnibus allegation against the petitioner and he is

Patna High Court CR. MISC. No.1037 of 2022(4) dt.26-07-2022 2/3 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 Sahebganj P.S. Case No.107 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 Five Thousand) per month to opposite party no.2 in the first week of every month 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 two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancellation of the bail bond of the petitioner.

Patna High Court CR. MISC. No.1037 of 2022(4) dt.26-07-2022 3/3 subject to any order passed in matrimonial maintenance case or any other collateral proceedings.

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) pallavi/- U T