Mohammad Anzoor @ Anjur v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67090 of 2022 Arising Out of PS. Case No.-521 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== MOHAMMAD ANZOOR @ ANJUR SON OF LATE SAFIQUE MOHAMMAD @ MOHD SHAPHIR R/O VILLAGE- BADA PAREWA, WARD NO.1, P.S.- RAXOUL, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

NASEEMA KHATOON WIFE OF MD. ANZOOR, D/O MD. ISRIAL @ MD. ISRIAFIL MIYAN R/O VILLAGE- BADA PAREWA, WARD NO.1, P.S.- RAXOUL, DISTRICT- EAST CHAMPARAN, PRESENTLY R/O VILLAGE- JEETPUR, DISTRICT- BARA, NEPAL- 4440 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyendra Kumar Jha For the Opposite Party/s :

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code.

Petitioner, who is husband of opposite party no.2, is said to have ousted her from the matrimonial home in association of his family members over the dowry demand. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry

Patna High Court CR. MISC. No.67090 of 2022(2) dt.25-02-2023 2/3 demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. He is still ready to keep her 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 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.

C-521/2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., Petitioner is ready to pay Rs.3,000.00 (Rupees Three Thousand) per month to the opposite party no.2 in the second week of every month. 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 cancelling the bail bond of the petitioner.

It goes without saying that the aforesaid payment shall

Patna High Court CR. MISC. No.67090 of 2022(2) dt.25-02-2023 3/3 be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings. Learned Court below is directed to issue notice to opposite party no.2 for furnishing her bank account details. 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 informant/complainant after she furnishes her bank account details.

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.

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

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