Md. Naushad Hussain @ Syed Naushad Hussain @ Md. Naushadi Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68158 of 2024 Arising Out of PS. Case No.-994 Year-2023 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Md. Naushad Hussain @ Syed Naushad Hussain @ Md. Naushadi Hussain S/O Late Mushtaque Hussain R/O Village- Malikpur, P.S- Jale, Distt.- Darbhanga ... Petitioner

Versus

1.

The State of Bihar 2.

Rokshar Praveen W/O Md. Naushad Hussain @ Syed Naushad Hussain @ Md. Naushadi Hussain R/O Village- Malikpur, P.S- Jale, Distt.- Darbhanga. At present D/O Rustam Ali, R/O Village- Karauni Bhapura, P.S- Singhwara, Distt.- Darbhanga.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Randhir Kumar No 1, Advocate For the Opposite Parties :

Ms/Mrs. Pushpa Sinha, A.P.P.

Mr. Upendra Kr.Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-03-2025 Pursuant to order of this Court, the matter was referred to Mediation & Conciliation Center of Patna High Court, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report kept at flag 'M').

2. Heard learned counsel for the petitioner, the State and the opposite party no.2.

3. The petitioner, who is husband of opposite party no.2, apprehends arrest in a case registered for the offence punishable under sections 341, 342, 323, 323, 498A, 504, 506 of the Indian Penal Code and sections 3/4 of the D.P. Act.

4. Prosecution case in brief is that opposite party no.2 was married with the petitioner on 23.7.2020. After marriage, petitioner along with other accused persons demanded Rs. 2 lacs cash as dowry and on non-fulfillment of the same they used to

Patna High Court CR. MISC. No.68158 of 2024(5) dt.20-03-2025 2/3 assault and torture her.

5. Learned counsel appearing for the petitioner, while denying the allegations, submits that the petitioner is innocent and has falsely been implicated in this case because he happens to be husband of opposite party no.2. Petitioner is ready to keep her with honour and safety. Besides this, petitioner is ready to give Rs. 3000/-per month to opposite party no.2 by way of temporary relief/solace, starting from this month, subject to any order passed in matrimonial, maintenance or connected proceedings.

6. Learned counsel for the State as well as opposite party no.2 oppose the prayer for bail. Learned counsel for opposite party no.2 submits that the petitioner, being husband of opposite party no.2, in connivance with his family members, subjected her to harassment and cruelty for non-fulfillment of demand of dowry. It is further submitted that she has no means of livelihood and is on the verge of starvation.

7. In view of the undertaking of learned counsel for the petitioner as well as condition of opposite party no.2, in the event of arrest/surrender within a period of eight weeks from today, let the petitioner, above-named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class, Darbhanga in CR Case No. 994/2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:- (i) Opposite party no.2. would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.

Patna High Court CR. MISC. No.68158 of 2024(5) dt.20-03-2025 3/3 (ii) Petitioner would deposit the aforesaid interim relief per month in the saving bank account of the opposite party no.2.

(iii) In case, petitioner fails to deposit the aforesaid amount of temporary relief/solace for two consecutive months, the court below would be at liberty to cancel the bail-bond. (iv) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.

(Prabhat Kumar Singh, J) Shashi U T