Md. Adalgir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30372 of 2016 Arising Out of PS.Case No. -89 Year- 2016 Thana -BAKHRI District- BEGUSARAI ====================================================== Md. Adalgir Alam son of Md. Habidur Rahman .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Ambastha, Advocate For the Opposite Party/s : Mr. Sri Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-08-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 307/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The accusation is of torture for non-fulfillment of the dowry demand and making assault to the informant as a result the informant received the injuries.

It is submitted by learned counsel for the petitioner that the issue has been reconciled between the parties and both the parties have decided to resume the conjugal life. A joint compromise petition to that effect has been filed before the learned Court below, which has been brought before this Court by way of annexure- 2 to the supplementary affidavit. Paragraph 4 of the supplementary affidavit reads as under :-

Patna High Court Cr.Misc. No.30372 of 2016 (2) dt.09-08-2016 2/2 "That both the parties have entered into a compromise on 21.07.2016 duly signed by both the parties as well as their advocates from perusal of the aforesaid compromise that both the parties are ready to live as a wedlock peacefully with love and affection which was already filed in the Court below."

Considering the present stand of parties, let the above named petitioner be released on provisional anticipatory bail for four months in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Begusarai in connection with Bakhari P.S. Case No.89/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be confirmed by the learned Court below after verification of factum of compromise petition.

(Dinesh Kumar Singh, J) Ashwini/- U T