Md. Mahboob Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3490 of 2020 Arising Out of PS. Case No.-3127 Year-2018 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== MD. MAHBOOB ALAM Son of Md. Maksud Alam Resident of Village - Bangra Wazid, P.S.- Maniyari, District - Muzaffarpur ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Chandani Bano Wife of Md. Mahboob Alam D/o - Md. Farooque, Resident of Village - Harpurjadi @ Laxmipur Dargah, P.S.- Mahua, District - Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha, Adv.

For the Opposite Party/s :

Mr.Ramchandra Singh, APP Mr.Dharmesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-07-2022 Heard learned counsel for the petitioner, learned counsel for the O.P. No.2 and learned APP for the State. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 498A/34 of the Indian Penal Code and section 4 of the D.P. Act.

Allegedly, the informant was subjected to cruelty by the petitioner and other accused persons, for non fufilment of demand of dowry and tried to kill her by putting her on fire. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. It is submitted that the matter has been settled in the Mediation Centre. The petitioner is agreed to pay Rs.4,25,000/- (Rupees Four Lakhs Twenty Five

Patna High Court CR. MISC. No.3490 of 2020(6) dt.21-07-2022 2/2 Thousand) only to the opposite party no.2, in three installments. In support of this contention, the Mediation report is enclosed at Flag-D. Petitioner has no criminal antecedent. Learned APP for the State as well as learned counsel for the O.P. No.2 has not disputed this fact.

Having regard to the facts and circumstances of the case, considering the settlement between the parties, as per the Mediation Report at Flag 'D', 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 complaint case No.CI-3127/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

However, if the petitioner fails to fulfill the terms of the settlement, his bail bond is liable to be canceled by the learned court below itself.

(Anjani Kumar Sharan, J) pallavi/- U T