Md. Murtuza Khan @ Murtuza Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69092 of 2022 Arising Out of PS. Case No.-598 Year-2016 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== MD. MURTUZA KHAN @ MURTUZA KHAN Son of Late Ayub Khan Resident of Fulwariya, P.S- Barauni, Dist- Begusarai ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Pravin Rajda Khatun Wife of Md. Murtuza Khan , Daughter of Md. Ali Ahmed Resident of Khirnian, PS- mansi, Dist- Khagaria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Fazle Karim, Adv.
For the Opposite Party/s :
Mr.Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-03-2023 Heard learned counsel for the for the petitioner and learned APP for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable u/s 498(A) of the IPC and section 3⁄4 of the Dowry Prohibition Act.
Petitioner, who is husband of informant, is said to have tortured the informant over dowry demand for several years and thereafter on non-fulfillment of the same, tried to set her on fire. 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 demand nor drove her out of her matrimonial home nor tormented her over
Patna High Court CR. MISC. No.69092 of 2022(3) dt.20-03-2023 2/3 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.598C of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Petitioner is ready to pay Rs.5000.00 (Rupees Five Thousand) per month to the informant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant 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 be subject to any order being passed in matrimonial maintenance
Patna High Court CR. MISC. No.69092 of 2022(3) dt.20-03-2023 3/3 case or any other collateral proceedings.
Learned Court below is directed to issue notice to informant/O.P. 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 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) pallavi/- U T