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Patna High CourtCR. MISC./33507/2019disposed

Sarfaraz Alam @ Md. Sarfaraz v. The State Of Bihar

2019-09-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33507 of 2019 Arising Out of PS. Case No.-76 Year-2018 Thana- COMPLAINT CASE District- Kishanganj ====================================================== SARFARAZ ALAM @ MD. SARFARAZ Son of Jubair Alam Resident of Village - Chahatpur, P.O.- Lohagara, P.S.- Garbhandanga, Dist.- Kishanganj. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Rahi Parween Wife of Sarfaraz Alam, Resident of Village - Chahatpur, P.O. Lohagara, P.S.- Garbhandanga, Dist.- Kishanganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 076 of 2018 registered for the offence punishable under Section 498A of the Indian Penal Code.

Allegation against the petitioner, who happens to be husband of opposite party No.2, is that he subjected his wife to cruelty with respect to demand of Rs.5 lac.

In this case notice was issued to opposite party No.2 but in spite of notice being received by opposite party No.2 she did not choose to appear nor any Vakalatnama has been filed. Submission of learned counsel for the petitioner is that he got an information that the matter has been compromised

Patna High Court CR. MISC. No.33507 of 2019(6) dt.13-09-2019 2/2 between the parties and a petition to that effect has been filed before the court below on 30.8.2019.

Heard learned APP also.

In view of above facts and circumstances, this application is disposed of with direction to petitioner to surrender within a period of two weeks from the receipt of this order and on surrender learned court below shall verify about the submission of petitioner that the matter has been compromised between the parties and a compromise petition has been filed before the court below. Once being satisfied with the above submission, learned court below shall release the petitioner on bail to its own satisfaction.

(Vinod Kumar Sinha, J) spal/- U T