Md. Murad Shah @ Murad Raza @ Murad Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39725 of 2022 Arising Out of PS. Case No.-101 Year-2021 Thana- MAHILA P.S. District- Bhojpur ====================================================== MD. MURAD SHAH @ MURAD RAZA @ MURAD RAJA S/o Shamim Shah R/o village- M.P. Bagh, Old Police Line, Ara, P.S.- Ara Town, DistrictBhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Azmeri Khatoon D/o Faizal Imam R/o village and P.O.- Sahar, P.S.- Sahar, District- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brajesh Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-06-2023 No one appears on behalf of the informant.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 341, 506, 498(A) of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the matter was referred for mediation and the issue was amicably resolved. It is further submitted that the petitioner in presence of the informant before the learned Mediator accepted to pay an amount of Rs.14,000/- per month towards maintenance of the informant and three children. Learned counsel next submits that

Patna High Court CR. MISC. No.39725 of 2022(10) dt.26-06-2023 2/3 the report of the learned Mediator is dated 02.02.2023 and he will make the current payment as well as the arrears payment. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that it absolutely does not stand to reason that as to why the petitioner despite agreeing before the learned Mediator is not paying the amount. Learned counsel for the petitioner submits that the petitioner will pay the arrears amount by 24.07.2023 and thereafter shall start paying the current maintenance amount as agreed.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ara Mahila P.S. Case No. 101 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

However, if the petitioner does not pay the amount as agreed before the learned Mediator and before this Court for

Patna High Court CR. MISC. No.39725 of 2022(10) dt.26-06-2023 3/3 two consecutive months or does not pay the arrears amount by 24.07.2023, the informant shall be at liberty to file an application seeking cancellation of the bail bonds granted to the petitioner before this Court.

(Satyavrat Verma, J) Kundan/- U T