Jamshed Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12870 of 2022 Arising Out of PS. Case No.-17 Year-2011 Thana- MAJHAULIA District- West Champaran ====================================================== JAMSHED ALAM SON OF MD. SHAKIR R/O VILLAGE- PARSA DUMARIYA, WARD NO.-06, P.S.- MAJHAULIA, DISTRICT- WEST CHAMPARAN AT BETTIAH ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

ROKAIYA KHATOON WIFE OF FAIYAZ R/O VILLAGE- JAMADAR TOLA, BETTIAH, P.S.- BETIAH MUFFASIL, DISTRICT- WEST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar No.1 For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner apprehends his arrest for the offences alleged under Sections 498(A), 341 and 323/34 of the Indian Penal Code, registered in connection with Majhaulia P.S.Case No. 17 of 2011.

It is a case of matrimonial dispute. The informant Rokaiya Khatoon is the wife of the petitioner. There is allegation of torture for non-fulfilment of dowry demand. The learned counsel for the petitioner has submitted that prayer for anticipatory bail of the petitioner has twice been rejected by this Court, but he is renewing his prayer on the fresh ground that both the parties have compromised and the dispute between them has ended. Xerox copy of the compromise petition has been annexed as Annexure-4 signed by husband and

Patna High Court CR. MISC. No.12870 of 2022(2) dt.23-09-2022 2/2 wife and identified by their respective lawyers. In paragraph no.4 of the compromise petition, it has been mentioned that good relation has been restored. In paragraph 5, it has been mentioned that the informant does not want to pursue the case. Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bettiah, West Champaran in connection with Majhaulia P.S.Case No. 17 of 2011, subject to the conditions as laid down under Section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T