Mohammad Basim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80897 of 2024 Arising Out of PS. Case No.-368 Year-2024 Thana- SULTANGANJ District- Bhagalpur ====================================================== Mohammad Basim S/O Md. Basir @ Md. Vasir Resident of- Ward No. 3, Village- Kolgama, Tilakpur, P.S.- Sultangajh, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Afsari Khatoon W/O Md. Basim , D/O Mokim Khan R/O Village- Kolgama Tilakpur P.S- Sultangajh, Dist.- Bhagalpur at present residing at Asansol, P.S- Asansol, Dist.- Bardhaman (West Bengal). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ankit Raj For the Opposite Party/s :

Dr. Kumar Uday Pratap For the Informant :

Mr. Praveen Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-03-2025 Heard learned counsels for the parties.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 85, 352, 351(2), 351(3) of BNS and 3/4 of D.P. Act.

3.

Petitioner, who is husband of informant/complainant, is said to have ousted her from the matrimonial home in association of his family members over the dowry demand. 4.

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 the demand of dowry. The petitioner has relied upon the

Patna High Court CR. MISC. No.80897 of 2024(3) dt.07-03-2025 2/3 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.

5.

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 Sultanganj P.S. Case No.368 of 2024, subject to the condition as laid down under Section 482 (2) of the BNSS.

6.

Petitioner is ready to pay Rs.5000.00 (Rupees Five Thousand) per month to the informant/complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant/complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

7.

It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

Patna High Court CR. MISC. No.80897 of 2024(3) dt.07-03-2025 3/3 8.

Learned counsel for the informant/complainant is directed to furnish the bank account details of the informant/complainant in the learned Court below. 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. 9.

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.

10.

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

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