Md. Kalam Khan @ Kalam Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71430 of 2022 Arising Out of PS. Case No.-10 Year-2020 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== MD. KALAM KHAN @ KALAM KHAN S/o Shaheed @ Sahid Khan R/o Village- Pithahi, Ward no. 11, P.O. Mathai, P.S.- Madhepura, DisttMadhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Afsana Khatoon W/o Md. Kalam Khan, D/o Ajmal Khan R/o Village- Pali, Ghanshyampur, P.S.- Ghanshyampur, Distt- Darbhanga. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Adv.

For the State :

Mrs.Rina Sinha, APP For the Complainant :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and learned APP for the State. Though vakalatnama is filed on behalf of the complainant but when the case is called out, nobody appears. The petitioner apprehends his arrest in a case registered under sections 498(A) of the IPC.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry and thereafter, he ousted the victim out of the matrimonial house. It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence. Petitioner has never made any dowry demand and has been

Patna High Court CR. MISC. No.71430 of 2022(2) dt.14-03-2023 2/2 falsely implicated in the present case due to grudge. 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. It is submitted that the petitioner is ready and willing to keep his wife with full honour and dignity.

Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds 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.10/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

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