Md Irshad Pamariya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19374 of 2022 Arising Out of PS. Case No.-80 Year-2021 Thana- MAHILA P.S. District- Madhubani ====================================================== Md Irshad Pamariya S/O Naja Pamariya Resident Of Village- Tiryanti (Tariati), Ward No.01, Police Station- Manigachhi, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Hina Khatoon W/o Irshad Pamariya, D/o Md. Mubarak Resident of VillageTiryanti (Tariati), Ward No.01, Police Station- Manigachhi, DistrictDarbhanga at present resident of Village- Bela, Police Station- Jaynagar, District- Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 323, 341, 498A/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely

Patna High Court CR. MISC. No.19374 of 2022(2) dt.23-08-2022 2/3 implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that the informant/opposite party no. 2 has filed the Maintenance Case vide M.R. Case No. 07 of 2022 before the court of the Principal Judge, Madhubani. He submits that on summon, petitioner has appeared in the maintenance case. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Mahila Madhubani P.S. Case No. 80 of 2021, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring

Patna High Court CR. MISC. No.19374 of 2022(2) dt.23-08-2022 3/3 the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

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