Patna High CourtCR. MISC./34169/2015bail granted

Md. Shamim Akhtar @ Md. Shamim v. State Of Bihar And ANR

2016-08-30Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34169 of 2015 Arising Out of PS.Case No. -4429 Year- 2012 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Md. Shamim Akhtar @ Md. Shamim Son of Md. Taheer resident of village - Pokharia, P.S. Sadar, District - Purnea .... .... Petitioner/s

Versus

1. The State of Bihar

2. Bibi Kayanat Praveen D/o Md. Mukhtadi, Wife of Md. Shamim Akhtar @ Md. Shamim at Present residing at Buwari, P.S. Dagarwa Ranipatra, District - Purnea .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Prawesh Kumar, Adv. For the Opposite Party/s : Mr. Rajeev Nayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-08-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 406 and 120B of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by the learned counsel for the petitioner that the petitioner and the complainant have decided to part ways. A joint compromise petition has been filed to the effect that the petitioner has pronounced three consecutive Talak to the

Patna High Court Cr.Misc. No.34169 of 2015 (11) dt.30-08-2016 2/2 complainant and agreed to make payment of `7,25,000/- in lieu of amount of Den Meher (Dower), Iddat period as well as future maintenance of opposite party no.2 and her children. The complainant has already received the said amount. Counsel for the complainant does not controvert the contention of the counsel appearing for the petitioner. In the circumstances, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Purnea in connection with Complaint Case No. 4429 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T