Md. Imran v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.183 of 2023 Arising Out of PS. Case No.-2 Year-2021 Thana- NAANPUR District- Sitamarhi ====================================================== MD. IMRAN Son of Abdul Badud Resident of Village - Balasath, P.S.- Nanpur, Dist.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar For the State :
Mr.Arun Kumar For the informant :
Mr. Saurav Barial ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-05-2023 Heard learned Counsel for the petitioner, learned Counsel for the informant and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with Nanpur Police Station Case No. 02 of 2021, dated 03.01.2021, registered for the offences punishable under Sections 498-A/341/323/354-B/504/50634 of the Indian Penal Code.
The Prosecution case, as per the First Information Report, is that the marriage of the informant was solemnized with the petitioner on 24.04.2008 and out of their wedlock, three children were born. It has been alleged that after sometime, the petitioner started demanding dowry and due to non-fulfillment
Patna High Court CR. MISC. No.183 of 2023(2) dt.15-05-2023 2/3 of the said demand, the informant was subjected to cruelty, both physically as well as mentally. It has further been alleged that the brother-in-law of the informant, on 12.08.2019, tried to commit rape upon her and also assaulted her for demand of dowry.
Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. He further submits that the petitioner works at Chennai and earns a meager amount. However, without prejudice to the right and contention of the petitioner, and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 4,000/- per month to the informant as living cost, subject to the final outcome of the present case as well as the matrimonial case, if any, pending or decided between the parties.
Learned Counsel for the informant accepts the offer so made by learned Counsel for the petitioner and submits that the petitioner may be directed to deposit the said amount of Rs. 4,000/- per month in the bank account of the informant, details of which shall be furnished to the petitioner in the learned Court below itself at the time of furnishing bail bonds. Regards being had to the submissions advanced on
Patna High Court CR. MISC. No.183 of 2023(2) dt.15-05-2023 3/3 behalf of the parties and taking into consideration the materials on record and the fact that the offer made by learned Counsel for the petitioner has been accepted by learned Counsel for the informant, I am inclined to grant the petitioner privilege of anticipatory bail.
This application is, accordingly, allowed.
Let the petitioner, above named, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Nanpur Police Station Case No. 02 of 2021.
This is subject to the condition that the petitioner shall deposit a sum of Rs. 4,000/- per month in the bank account of the informant positively, starting from this month. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √