Murshid Alam @ Md. Murshid Alam @ Mursed Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72764 of 2019 Arising Out of PS. Case No.-876 Year-2019 Thana- COMPLAINT CASE District- Araria ====================================================== Murshid Alam @ Md. Murshid Alam @ Mursed Alam Son Of Zakir @ Md. Zakir Alam Resident Of Village - Sarbaili, Ward No. 3, Sijtola, P.S.- Kasba, Distt - Purnea.
... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Yasmin Khatoon Wife Of Murshid Alam @ Md. Murshid Alam @ Mursed Alam Resident Of Village - Sarbaili, Ward No. 3, Sijtola, P.S.- Kasba, Distt - Purnea, At Present D/O Md. Mikail, Resident Of Village - Sandalpur, P.S.- Araria, Distt - Araria.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Ziaul Quamar For the Opposite Party/s :
Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-06-2022 Heard learned counsel for the parties.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 384/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.
It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has
Patna High Court CR. MISC. No.72764 of 2019(4) dt.20-06-2022 2/3 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. 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. However, the petitioner is ready to give Rs.2,000.00 (Rupees Two Thousand) per month as maintenance to opposite party no.2 in first week of every month till one year. Meanwhile, the opposite party no. 2 may file the maintenance case before the learned court below, if so advised. If the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, his bail bond shall automatically cancelled.
Learned counsel for the opposite party no. 2, under instruction, submits that opposite party no.2 undertakes to provide her bank account details to the petitioner within a period of two weeks by submitting the same on affidavit before the learned court below.
In that view of the matter, let the above named petitioner, be released on anticipatory bail, in the event of his
Patna High Court CR. MISC. No.72764 of 2019(4) dt.20-06-2022 3/3 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. 876-c/2019, 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 learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.
(Anjani Kumar Sharan, J) devendra/- U T