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Patna High CourtCR. MISC./84536/2023allowed

Md. Aftab Quraishi v. The State Of Bihar

2024-01-15Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84536 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- MAHILA PS District- Jehanabad ====================================================== Md. Aftab Quraishi S/O Kalim Quraishi R/O VILLAGE- IBRAHIMPUR, P.S.- KINJAR MORE, DIST.- ARWAL ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

BINISH PERVEEN @ AJU WIFE OF AFTA QUARASHI, D/O MD. SAFU QUARASHI R/O VILLAGE- IBRAHIMPUR, P.S.- KINJAR, DIST.- ARWAL ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjaykumar Singh For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 498A, 494, 504, 506, 34 of the Indian Penal Code.

3. Petitioner, who is husband of opposite party no2., is said to have assaulted the opposite party no.2 and also ousted her from her 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

Patna High Court CR. MISC. No.84536 of 2023(2) dt.15-01-2024 2/3 drove her out of her matrimonial home nor tormented her over the demand of dowry. Petitioner has two criminal antecedents. He further submits that both the cases has been lodged against the petitioner by the O.P. No.2 only. He submits that in the Jehanabad Complaint Case No.354 of 2020 petitioner has been granted anticipatory bail vide Cr. Misc. No.11604 of 2023 with a condition that the petitioner will pay Rs.3000/- per month to the O.P. No.2 as maintenance and the petitioner is already paying the said amount as per the conditions. He further submits that informant has filed the present case with same nature of allegations against the petitioner.

5. Learned APP for the State opposed the prayer for grant of bail.

6. 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 Jehanabad Mahila P.S. Case No. 23 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

Patna High Court CR. MISC. No.84536 of 2023(2) dt.15-01-2024 3/3

7. 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 for one time settlement.

8. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) shikha/- U T