Md. Irfan @ Md Irfan Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35684 of 2015 Arising Out of PS.Case No. -5 Year- 2015 Thana -BELAGANJ District- GAYA ======================================================
1. Md. Irfan @ Md. Irfan Ahmad Son of Md. Mustaque Resident of Village - Chandauti, P.S. - Belaganj, District - Gaya at Present resident of Village - Bajitpur Belaganj Bazar, P.S. - Belaganj, District - Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Rana Randhir Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-09-2015 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.
Petitioner is in jail custody since 23.06.2015 in a case registered for the offences punishable under Sections 341, 323, 498A/34 of the Indian Penal Code and Section 3⁄4 of D.P. Act. Petitioner happens to be husband of the informant and at the time of consideration of his anticipatory bail, he gave a proposal of one time settlement as he had already given divorce to the informant and taking note of the aforesaid proposal, this Court directed the court below to consider the prayer for bail of the petitioner in the light of above stated proposal but it appears that
Patna High Court Cr.Misc. No.35684 of 2015 (3) dt.07-09-2015 2/2 settlement between the parties could not attain its finality. Again, petitioner has offered before this Court for giving Rs. 5,00000/- to informant by way of one time settlement and also assured that he shall provide rupees one thousand per month to his minor daughter but the aforesaid proposal is not accepted on behalf of the informant.
Considering the aforesaid facts and circumstances as well as period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Belaganj P.S. Case No. 05 of 2015.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T