Allowed

Md. Masam @ Md. Masoom v. The State of Bihar

Patna HC16 May 2022CR. MISC./10180/2020

Case brief

AI extract

What is this about?

In an interlocutory bail application, the Patna High Court granted anticipatory bail to the petitioner, apprehending arrest under 498A IPC and section 3 Dowry Act, directing a bond of Rs. 25,000 with two sureties and referencing conditions under section 438(2) CrPC.

What did the court decide?

Release on bail on furnishing a bond of Rs. 25,000 with two sureties of like amount each, subject to conditions under Section 438(2) CrPC.

Md. Masam @ Md. Masoom Vs The State of Bihar — Dowry and Cruelty | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10180 of 2020

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Arising Out of PS. Case No.-2738 Year-2017 Thana- COMPLAINT CASE District- Araria

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MD. MASAM @ MD. MASOOM Son of Ali Hasan Resident of VillageDhama, P.S.- Araria (R.S.), District- Araria.

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... ... Petitioner/s

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Versus

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The State of Bihar.

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Bibi Soni Praween Daughter of Md. Anwarul , Wife of Md. Masam @ Md. Masoom Resident of Village- Sherlanga, P.S.- Jokihat, District- Araria.

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... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Khurshid Anwar

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

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ORAL ORDER

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4 16-05-2022 Heard both sides.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

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Petitioner, who is husband of opposite party no.2, is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

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It is submitted by learned counsel for the petitioner that the petitioner is 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. He is still ready to keep her with full

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Patna High Court CR. MISC. No.10180 of 2020(4) dt.16-05-2022 2/2

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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 .

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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 learned court below where the case is pending/successor court in connection with Complaint Case No.2738 of 2017, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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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 Centre for the purpose of reconciliation or for one time settlement.

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Accordingly, this application stands disposed of.

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(Anjani Kumar Sharan, J.)

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Sanjay/-

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U T

Md. Masam @ Md. Masoom v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Masam @ Md. Masoom v. The State of Bihar

Case brief

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What the court decided

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