Amber Alam @ Ambar Alam @ Md. Moamber Alam @ Moamber Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39975 of 2019 Arising Out of PS. Case No.-262 Year-2017 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Amber Alam @ Ambar Alam @ Md. Moamber Alam @ Moamber Alam S/oMuzaffar Alam Resident of Village- Darbar Tola Sakari, P.S.- Sakari, DistrictMadhubani. ... ... Petitioner.
Versus
1.
The State of Bihar.
2.
Shaajadi Gulfashan @ Shahjadi Gulafsa @ Soni Wife of Amber Alam @ Moamber Alam Resident of Village- Darbar Tola Sakari, P.S.- Sakari, District- Madhubani. At present Daughter of Ajaj Ahmad Resident of Village- Bhelwa Tola Ward No. 17 Jaynagar, P.S.- Jaynagar, DistrictMadhubani. ... ... Opposite Parties.
====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan Deo Yadav, Adv.
For the Opposite Party No.2 : Mr. Ravindra Kumar Singh, Adv. For the State :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-02-2020 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 323, 379 and 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home after brutally assaulting and snatching her
Patna High Court CR. MISC. No.39975 of 2019(4) dt.05-02-2020 2/3 belongings in association of his family members over the dowry demand.
It appears that vide order dated 26.08.2019, this matter was referred to Mediation Center to resolve the issue between the parties. The Mediator has submitted his report (Flag M) stating that the dispute between the parties has been amicably resolved at Rs.4,50,000.00 (Rupees Four Lakhs and Fifty Thousand) only as one time settlement, which has already been paid to opposite party no.2.
Learned counsel for the petitioner further submitted that as there is one time settlement between the parties both the parties may be directed to withdraw the criminal cases filed against each other within a time frame.
Learned counsel for the opposite party no.2 has no objection to the aforesaid fact.
In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Madhubani in connection with C.R. Case No.262 of 2017, subject to the
Patna High Court CR. MISC. No.39975 of 2019(4) dt.05-02-2020 3/3 condition as laid down under Section 438 (2) of the Cr.P.C. Both the parties are directed to withdraw their criminal cases filed against each other within a period of two months.
(Anjani Kumar Sharan, J) Trivedi/- U