Md. Munim @ Munim Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr. Harish Chandra Patel For the Opposite Party/s : Mr. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

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ORAL ORDER

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2 05-10-2024 1. Heard learned Counsel for the petitioner, learned Counsel for the complainant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

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2. The petitioner apprehends his arrest in connection with Barsoi (OP Sudhani) Police Station Case No. 359 of 2023, registered for the offences punishable under Sections 323/341/498A/506/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

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3. The allegation, as per the complaint case, is that the marriage of the Opposite Party No. 2 was solemnized

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Patna High Court CR. MISC. No.63705 of 2024(2) dt.05-10-2024 2/4

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with the petitioner in the year 2015. After the marriage all the accused persons, including the petitioner, tortured the informant mentally and physically and demanded a sum of Rs. 2,00,000/- and a motorcycle as dowry. Due to nonfulfillment of the said demand, on 29.06.2023, the petitioner and in laws of the informant assaulted her and ousted the informant, along with her children, from the matrimonial house. It has further been alleged that the petitioner has performed second marriage.

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4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. However, without prejudice to the right and contention of the petitioner, and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 3,000/- per month to the Opposite Party No. 2 as living cost, subject to the final outcome of the present case as well as the matrimonial case, if any, pending and/or decided between the parties.

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5. Learned counsel for the complainant-Opposite Party No. 2 accepts the offer so made by learned Counsel for the petitioner and submits that the petitioner may be directed

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Patna High Court CR. MISC. No.63705 of 2024(2) dt.05-10-2024 3/4

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to deposit the said amount of Rs. 3,000/- per month in the bank account of the complainant-Opposite Party No. 2, details of which shall be furnished by learned Counsel for the Opposite Party No. 2 to learned Counsel for the petitioner within ten days from today.

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6. After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the offer made by learned Counsel for the petitioner has been accepted by learned Counsel for the Opposite Party No. 2, I am inclined to grant the petitioner privilege of anticipatory bail.

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7. This application is, accordingly, allowed.

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8. Let the petitioner, above named, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Katihar, in connection with Barsoi (OP Sudhani) Police Station Case No. 359 of 2023.

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9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 3,000/- per month in the bank

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Patna High Court CR. MISC. No.63705 of 2024(2) dt.05-10-2024 4/4

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account of Opposite Party No. 2, staring from 10^th

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November, 2024.

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(Anil Kumar Sinha, J)

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ashwani/-