Ibrar Khan @ Ibrar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76060 of 2024 Arising Out of PS. Case No.-155 Year-2024 Thana- BHORE District- Gopalganj ====================================================== Ibrar Khan @ Ibrar Ali Son of Mumtaz Khan Resident of village- Kalyanpur, PS- Bhore, District- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mohammad Kalimullah Son of Late Yasim Miya Resident of villageBhelpur, PS- G.V. Nagar Tarvara, District- Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmveer, Advocate For the State :

Mr.Binod Kumar, APP For the O.P. NO.2 : Mr. Javed Aslam, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 22-04-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the O.P. No.2.

2. The petitioner apprehends his arrest in connection with Bhore P.S. Case No.155 of 2024 registered for the offence punishable under Sections 341, 323, 498A, 504, 506 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. Petitioner is the husband. The allegation is of demand of dowry and torture.

4. It has been submitted by learned counsel for the petitioner that the allegations made in the complaint are totally false. In paragraph 7 of the petition, a further statement has

Patna High Court CR. MISC. No.76060 of 2024(3) dt.22-04-2025 2/3 been made that the petitioner is ready to keep his wife with full dignity and honour. However, the mediation report would show that the dispute could not be resolved between the parties.

5. The application has been opposed by the learned APP for the State and learned counsel for the O.P. No.2.

6. At this stage, the petitioner offers to give Rs.3000/- (rupees three thousand) per month to the daughter of the opposite party no.2 in the first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding.

7. In such 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 four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Bhore P.S. Case No.155 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and subject to the further condition that the petitioner shall cooperate in the investigation/trial.

8. Learned counsel for the opposite party no.2, under

Patna High Court CR. MISC. No.76060 of 2024(3) dt.22-04-2025 3/3 instruction, submits that the daughter of the opposite party no.2 undertakes to provide her bank account details to the petitioner within a period of two weeks from today. If the daughter of the opposite party no.2 furnishes the bank account in which the amount can be transferred, and yet the petitioner fails to give the aforesaid amount on two consecutive dates to the daughter of the opposite party no.2, the opposite party no.2 would be at liberty to file cancellation of bail.

(Soni Shrivastava, J) arvind/- U T