Md.Azamtullah @ Kari Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30539 of 2024 Arising Out of PS. Case No.-10 Year-2019 Thana- KALUAHI District- Madhubani ====================================================== Md.Azamtullah @ Kari Sah Son Of Nathuni Sah Resident Of VillageDokahar, P.S - Kaluwahi, District- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rahana Khatoon Wife Of Md.Azamtullah Resident Of Village- Dokahar, P.S- Kaluwahi, District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 18-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Kaluwahi P.S. Case No. 10 of 2019 for the offences punishable under Sections 341, 323, 379, 504, 506, 498A and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. It is a case of matrimonial dispute between the petitioner and opposite party no. 2

4. Earlier vide order dated 21.09.2024, with consent of both the parties, this matter was referred to the Mediation and Conciliation Center, Patna.

Patna High Court CR. MISC. No.30539 of 2024(5) dt.18-03-2025 2/3

5. It reveals from Memorandum of Agreement dated 21.02.2025 that both the parties have agreed to live separately and petitioner has offered to pay Rs. 3,00,000/- (Three Lakh) as full and final settlement amount to opposite party no. 2, out of which he has paid Rs. 44,000/- (Forty Four Thousand) and the rest amount will be paid in four equal installments by 25.12.2025.

6. Petitioner is directed to pay entire agreed amount i.e. Rs. 3,00,000/- (Three Lakh) to the Opposite Party No. 2.

7. In the meantime, as per their agreement, both parties are directed to withdraw the cases pending against each other. As also, abide the other condition if any, incorporated in the said agreement.

8. Having heard learned counsel for the parties and considering the facts mentioned in Memorandum of Agreement before Patna High Court Mediation Center, this Court is inclined to enlarge the petitioner on provisional bail. The above named petitioner is directed to be enlarged on provisional bail in connection with Kaluwahi P.S. Case No. 10 of 2019 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Madhubanni.

Patna High Court CR. MISC. No.30539 of 2024(5) dt.18-03-2025 3/3

9. Trial Court is directed to confirm the provisional bail granted to the petitioner after verifying the deposit receipts of payment of the entire amount i.e. Rs. 3,00,000/- (Three Lakh) by the petitioner to the opposite party No. 2. Trial Court will also verify the withdrawal of pending cases between both the parties.

10. Accordingly, the instant application stands disposed of.

(S. B. Pd. Singh, J) Ankit Kumar/- U T