Awesh Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36577 of 2019 Arising Out of PS. Case No.-77 Year-2019 Thana- JOKIHAT District- Araria ====================================================== Awesh Alam, Son of Ekhlaque, Resident of Village - Duba, P.S.- Jokihat, Distt - Araria.
... ... Petitioner
Versus
1.
The State of Bihar 2.
Gulkansha, D/o Md. Tohid Alam, Wife of Awesh Alam, Resident of Village - Daulatpur, Ward No. 02, P.S.- Jokihat, Distt - Araria. ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Ramesh Kumar Singh, Advocate For the Opposite Party No.2:
Mr. Anil Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned counsel appearing for the opposite party no. 2. The petitioner seeks pre-arrest bail in connection with Jokihat P.S. Case No.77 of 2019 for the offences punishable under Sections 341, 323, 307, 498A and 504 read with 34 of the Indian Penal Code.
It is submitted by the learned counsel for the petitioner that there is no truth behind the allegation of subjecting the informant to cruelty for non-fulfilment of dowry. As a matter of fact, the FIR has been instituted on account of matrimonial discord and incompatibility. The matter was sent for mediation and the parties had amicably settled their dispute
Patna High Court CR. MISC. No.36577 of 2019(5) dt.16-11-2019 2/2 and are living peacefully.
On the other hand, learned counsel appearing for the informant-opposite party no.2 submitted that it is true that after mediation the parties had amicably settled their dispute and were living peacefully for sometime. However, subsequently, the petitioner once again started subjecting the victim to cruelty for which an application has been filed before the court of jurisdictional Magistrate.
Be that as it may, considering the nature of allegation and the other attending circumstances, in the event of arrest or surrender in the court below within a period of six weeks, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Jokihat P.S. Case No.77 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J.) Sanjeet/- U T