Patna High Court - Orders
Md. Nisad @ Md. Nisar Alam vs The State Of Bihar on 26 September, 2022
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21571 of 2022
Arising Out of PS. Case No.-117 Year-2020 Thana- MAHILA P.S. District- Araria
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MD. NISAD @ MD. NISAR ALAM S/o Md. Abdul Kuddus R/o village-
Rehikpur, Ward No. 2, P.S.- Araria, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Madhav Jha
For the Opposite Party/s : Mr.Rana Randhir Singh
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
4 26-09-2022Heard the parties.
The petitioner apprehends his arrest in a case registered under sections 341, 323, 342, 504, 506, 498A, 34 of the Indian Penal Code and 3/4 of D.P. Act.
The allegation against the petitioner is of torturing the informant in association of his family members on account of non-fulfillment of demand of dowry.
It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case mostly on suspicion and grudge. There is general and omnibus allegation against the petitioner. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Patna High Court CR. MISC. No.21571 of 2022(4) dt.26-09-2022 2/3 Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182.
In 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 Araria (Mahila) P.S. Case No.117 of 2020 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Petitioner is ready to pay Rs.4000/- (Rupees Four Thousand) per month to opposite party No.2 in the first week of every month, for her maintenance, as per the bank account details furnished by her in the learned Court below.
It is made clear that if the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancellation of the bail bond of the petitioner.
It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceedings.
Patna High Court CR. MISC. No.21571 of 2022(4) dt.26-09-2022 3/3 If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.
Learned court below is directed to issue notice to O.P. No.2 to furnish the bank account details in which the petitioner will deposit the said amount.
Accordingly, this application stands disposed of.
(Anjani Kumar Sharan, J) shikha/-
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