Sakil Ahamad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70594 of 2024 Arising Out of PS. Case No.-213 Year-2024 Thana- ADAPUR District- East Champaran ====================================================== Sakil Ahamad Son of Wakil Miyan Resident of village - Sirsiya Kala, P.S.- Adapur, District - East Champaran Motihari.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sijra Khatoon Wife of Md. Sakil Ahamad Resident of village - Sirsiya Kala, P.S.- Adapur, District - East Champaran Motihari. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhandev Kumar, Adv.
For the Opposite Party/s :
Mr. Manoj Kumar, APP For the Informant :
Mr. Syed Qaisar Hasan, Adv.
Mr. Arshad Alam, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-03-2025 Heard Learned Counsel for the petitioner, Learned APP for the State and Learned Counsel for the Informant.
2. The petitioner is apprehending arrest in connection with Adapur (Nakardeyee) P.S. Case No. 213 of 2024, registered on 27.06.2024 for the offences punishable under Sections 341, 323, 324, 307, 379, 354, 498-A, 504, 506 and 34 of the Indian Penal Code.
3. As per the prosecution, the FIR has been lodged against four named accused persons including the petitioner against whom there is allegation that they have inflicted torture
Patna High Court CR. MISC. No.70594 of 2024(3) dt.22-03-2025 2/3 upon the informant for non-fulfillment of dowry demand.
4. Learned Counsel for the petitioner submits that vide order dated 23.10.2024, the matter was referred to the Mediation and Conciliation Centre of the Patna High Court, and the Mediation Report was submitted on 18.01.2025. The report indicates that, despite the best and sincere efforts, the dispute between the parties could not be settled. Counsel for the petitioner submits that the petitioner is still willing to pay Rs. 3,00,000 (Three Lakh Rupees) as a one-time settlement.
5. Learned Counsel for the Informant/Opposite Party No. 2 submits that after thorough discussion with his client, she is not willing to settle for the said amount and ready to contest the present case.
6. Learned APP for the State opposes the prayer for bail.
7. In this background, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Motihari, in connection with Adapur (Nakardeyee) P.S. Case No. 213 of 2024, subject to the
Patna High Court CR. MISC. No.70594 of 2024(3) dt.22-03-2025 3/3 conditions as laid down under Section 438(2) of the Cr.P.C., with other following conditions:- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) Aman Kumar/- U T