Md. Abdul Salam @ Md. Salam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86698 of 2023 Arising Out of PS. Case No.-516 Year-2022 Thana- MADHEPURA COMPALINT CASE District- Madhepura ====================================================== Md. Abdul Salam @ Md. Salam Son of Md. Kalim R/o vill - Supaul ward no. 22, Hussain Chowk, P.S. and Distt. - Supaul ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Tarannum Praveen @ Tarannum Khatoon W/o Md. Abdul Salam, D/o Late Md. Firoj R/o vill - Sahugarh, ward no. 7, P.S. and Distt. - Supaul ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Patla Kumari For the Opposite Party/s:
Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. Despite valid service of notice, nobody appears on behalf of the O.P. No.2.
3. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 323, 498A, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
4. 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
Patna High Court CR. MISC. No.86698 of 2023(3) dt.07-03-2024 2/3 demand.
5. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has no criminal antecedent. 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 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.
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 Complaint Case No.516 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,
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
Patna High Court CR. MISC. No.86698 of 2023(3) dt.07-03-2024 3/3 reconciliation or for one time settlement.
8. Accordingly, this application stands allowed. (Anjani Kumar Sharan, J) shikha/- U T