Auranjeb Khan @ Aurangjeb Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68138 of 2023 Arising Out of PS. Case No.-899 Year-2022 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== AURANJEB KHAN @ AURANGJEB KHAN Son of Ramzan Khan Resident of Village and P.S.- Nawa Bazar, District - Daltenganj (Palamu), Jharkhand.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mosarrat Khatoon Daughter of Md. Ali Miyan Resident of Village - Humajam, P.S.- Pratappur, District - Chatra (Jharkhand). At present R/o Mohalla - Maulviganj, Post and P.S.- Sherghati, District - Gaya (Bihar). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Arun Kumar, APP Mr.Arvind Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-02-2024 This case has been listed today under the heading "Orders on Office Notes" but learned counsel for the O.P. No.2 has appeared, as such, it is being heard on the said heading itself. 2.

Heard learned counsel for the petitioner, learned counsel for the O.P. No.2 and learned APP for the State. 3.

The petitioner apprehends his arrest in a case registered for the offences punishable u/s 498A of the IPC. 4.

Petitioner, who is husband of complainant, is said to have tortured the complainant over dowry demand.

5.

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.68138 of 2023(3) dt.20-02-2024 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. 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. The petitioner is still ready to keep the informant with full honour and dignity. 6.

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.899 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7.

Petitioner is ready to pay Rs.3000.00 (Rupees Three Thousand) per month to the complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

Patna High Court CR. MISC. No.68138 of 2023(3) dt.20-02-2024 3/3 8.

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.

9.

Learned counsel for the O.P. No.2 is directed to furnish the bank account details of the complainant before the learned Court below. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the complainant after she furnishes her bank account details.

10.

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.

11.

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

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