Md. Shahid Firoz v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57803 of 2015 Arising Out of PS.Case No. -360 Year- 2015 Thana -CIVIL LINE District- GAYA ====================================================== Md. Shahid Firoz son of late Monazir Hassan, resident at New Karimganj, Road No. 8, P.S.- Civil Line, District- Gaya .... .... Petitioner/s
Versus
1. The State of Bihar
2. Sabrin Praveen wife of Md. Sahid Firoz daughter of Md. Javed Ahmad, resident of village- Rikabganj, P.S.- Tekari, District- Gaya .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shivendra Kumar Sinha For the Opposite Party/s : Mr. Smt.Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 15-03-2016 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Section 498A, 323, 379/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.
The basic accusation is of torture for nonfulfillment of the dowry demand. It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.57803 of 2015 (5) dt.15-03-2016 2/3 petitioner that the petitioner that the petitioner admits his marriage with the informant but the issue has been resolved between the parties. Both sides agree to get the marriage dissolved. Both sides agree that four lakhs rupees and part of the jewellery will be kept with one Md. Afjal Haque and on disposal of the criminal matters the 3rd party will handover the above amount and jewellery to the informant.
A joint affidavit has been filed by the parties with regard to resolution of the issue.
Counsel for the informant does not dispute the factum of agreement and is not opposing the prayer for anticipatory bail of the petitioner.
Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Civil Line P.S. Case No. 360 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Let a copy of the agreement arrived at between the parties be also filed before the learned court below.
Patna High Court Cr.Misc. No.57803 of 2015 (5) dt.15-03-2016 3/3 The either party will be at liberty to file appropriate application in case of breach of the agreed conditions. (Dinesh Kumar Singh, J) DKS/- U T