Md. Arif Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14047 of 2016 Arising Out of PS.Case No. -504 Year- 2015 Thana -KAHALGAON District- BHAGALPUR ====================================================== Md. Arif Hussain son of Md. Islam, Resident of Sanko Sai Road No. 05, Hayat Nagar Dimna Road Mango, P.S. Mango, District- Jamshedpur (Jharkhand). Presently residing at Road No. 16, Nalanda, Yashwant College, Duplex, in front of A-8 Madhavbag Colony Mango, P.S. Azad Nagar, District- Jamshedpur (Jharkhand) .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ranjan Kumar Jha, Advocate.

For the Opposite Party : Mr. Ram Chandra Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-03-2016 Heard learned counsel for the petitioner and the State. The petitioner is languishing in custody since 08.03.2016 in a case registered for the offences punishable under Sections 498(A), 420, 379 and 34 of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act. The accusation is of torture for non-fulfillment of the dowry demand.

It is submitted by the learned counsel for the petitioner that the matter was referred to conciliation centre where she flatly refused to lead conjugal life with the petitioner. The impugned order reflects that the matter was settled between the parties as the petitioner agreed to pay Rs. 5,00,000/- by way of one time

Patna High Court Cr.Misc. No.14047 of 2016 (2) dt.30-03-2016 2/2 settlement. A statement to that effect has been made in para-16 of the petition which reads as follows:

"16. That the petitioner is ready to pay the amount of Rs. 5 Lac to the informant by way of one time settlement and in terms of settlement which was held in the learned court below in conciliation centre."

Considering the aforesaid facts and submissions of the parties, let the above named petitioner be released on bail provisionally for four months on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Kahalgaon P.S. Case No. 504 of 2015.

In the meantime the learned court below will make fresh endeavour to get the issue resolved. On resolution of the issue the learned court below will confirm the provisional bail of the petitioner.

(Dinesh Kumar Singh, J.) KKSINHA/- U T