Disposed

Tipu Sultan @ Tapu Sultan @ Tepu Sultan v. the State of Bihar

Patna HC30 Jan 2024CR. MISC./48553/2023

Case brief

AI extract

What is this about?

Husband facing arrest in a dowry-harassment case was granted anticipatory bail on a personal bond with two sureties, conditioned on paying Rs.3,000 per month to the informant, failing which bail could be cancelled; parties left free to seek mediation for reconciliation or settlement.

What did the court decide?

Anticipatory bail granted: Rs.25,000 bail bond with two sureties, conditioned on Rs.3,000 monthly payment to informant; liberty to seek mediation.

Tipu Sultan @ Tapu Sultan @ Tepu Sultan Vs the State of Bihar — Dowry and Cruelty | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48553 of 2023

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Arising Out of PS. Case No.-544 Year-2022 Thana- JOKIHAT District- Araria

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

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TIPU SULTAN @ TAPU SULTAN @ TEPU SULTAN SON OF LATE NAYEEM RESIDENT OF VILLAGE - BHUNA, P.S. - MAHALGAON (JOKIHAT), DISTRICT - ARARIA

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR BIHAR

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SHAGUPTA PARWEEN DAUGHTER OF MD. ASLAM RESIDENT OF VILLAGE - BHANSIYA, WARD NO.5, P.S. - MAHALGAON (JOKIHAT), DISTRICT - ARARIA

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Gopal Kumar Jha For the Opposite Party/s: Mr. Suresh Prasad Singh For the O.P. No.2 : Mr. Nadimul Hasan ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 30-01-2024 Heard learned counsel for the for the petitioner, learned

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counsel for the O.P. No.2 and learned APP for the State.

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The petitioner apprehends his arrest in a case regis-

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tered for the offences punishable under Section 341, 323, 498A, 506/34 of the Indian Penal Code.

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Petitioner, who is husband of informant/complainant, is said to have assaulter her and also ousted her from the 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

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Patna High Court CR. MISC. No.48553 of 2023(3) dt.30-01-2024 2/3

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offence. 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 .

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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 the learned Court below where the case is pending/successor Court in connection with Jokihat (Mahalgaon) P.S. Case No.544 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

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Petitioner is ready to pay Rs.3000.00 (Rupees Three Thousand) per month to the informant/complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant/complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

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It goes without saying that the aforesaid payment shall

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Patna High Court CR. MISC. No.48553 of 2023(3) dt.30-01-2024 3/3

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be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

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Learned counsel for the informant/complainant is directed to furnish the bank account details of the informant/complainant in the learned Court below. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the informant/complainant after she furnishes her bank account details.

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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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With the aforesaid observation and direction, this application stands disposed of.

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(Anjani Kumar Sharan, J)

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shikha/-

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U T

Tipu Sultan @ Tapu Sultan @ Tepu Sultan v. the State of Bihar

Case brief

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Tipu Sultan @ Tapu Sultan @ Tepu Sultan v. the State of Bihar

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