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Md. Kausar v. The State of Bihar

Patna HC20 Feb 2023CR. MISC./8616/2020

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What is this about?

This judgment grants anticipatory bail to a husband apprehending arrest in a Section 498A dowry case. Release conditions include monthly maintenance payment and automatic bond cancellation upon default, with direction for potential mediation.

What did the court decide?

Anticipatory bail granted on furnishing Rs.25,000 bond with two sureties, conditional upon monthly maintenance payment of Rs. 3,000 and automatic cancellation of bail on default.

Md. Kausar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8616 of 2020

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Arising Out of PS. Case No.-1932 Year-2018 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur

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====================================================== Md. Kausar S/o Md. Murtasim @ Bhutto R/o village- Salempur, P.S.Jagdishpur, District- Bhagalpur

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... ... Petitioner/s

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Versus

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The State of Bihar

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Sabrin W/o Md. Kausar, D/o Md. Usman R/o village- Salempur, P.S.Jagdishpur, District- Bhagalpur

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... ... Opposite Party/s

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======================================================

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Appearance :

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For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Shaheen Begum

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======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 20-02-2023 Heard learned counsel for the parties.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code.

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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.

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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 drove her out of her matrimonial home nor tormented her over the demand of dowry. He is still ready to

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Patna High Court CR. MISC. No.8616 of 2020(4) dt.20-02-2023 2/3

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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 .

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However, the petitioner is ready to give Rs. 3,000.00 (Rupees Three Thousand) per month as maintenance to opposite party no.2 in first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding. If the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, his bail bond shall automatically be cancelled.

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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.

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In that view of the matter, let the above named petitioner, be released on anticipatory 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

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Patna High Court CR. MISC. No.8616 of 2020(4) dt.20-02-2023 3/3

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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. 1932 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

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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 Center for the purpose of reconciliation or one time settlement.

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(Anjani Kumar Sharan, J)

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devendra/-

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U T

Md. Kausar v. The State of Bihar

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Md. Kausar v. The State of Bihar

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