Abulaish Sai @ Abulaish Dewan @ Abdulaish Sai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42689 of 2019 Arising Out of PS. Case No.-1453 Year-2015 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== ABULAISH SAI @ ABULAISH DEWAN @ ABDULAISH SAI S/O Murtaza Sai Resident of Village- Bishunpurwa Bargajawa, P.S.- Shikarpur, District- West Champaran.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Jaibun Nesha W/o Abulaish Sai @ Abulaish Dewan @ Abduliash Sai, D/O Raiful Sah Resident of Village- Rajpur, P.S.- Shikarpur, District- West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-10-2022 Heard the learned counsel for the petitioner as well as the learned counsel for the informant.

The petitioner apprehends his arrest in connection with Complaint Case No. 1453-C/2015 registered for offence punishable under sections 498A of the Indian Penal Code and section 4 of the Dowry Prohibition Act It is a case of matrimonial dispute.

As per allegation, the complainant was married to the petitioner in the year 2007. The couple were leading happy conjugal life for some years, but thereafter, the accused persons demanded Rs.50,000/- as dowry and they tortured her for non-

Patna High Court CR. MISC. No.42689 of 2019(13) dt.10-10-2022 2/3 fulfillment of the demand.

The matter was referred to the District Mediation Centre, West Champaran, Bettiah. The report is annexed with the record, which shows that both the parties have compromised the case. As per terms and conditions of the compromise, the petitioner has to purchase a piece of land for residential purpose in the name of his two minor sons born out of wedlock of the complainant. The description of the land has been mentioned in paragraph-A of the compromise. The further condition is that the petitioner shall hand over the house mentioned in paragraph-B after constructing a kitchen, toilet, wash-room and varamda and also provide amenities of drinking water. The petitioner shall pay Rs.3,000/- per month as maintenance to the complainant and his two sons in 1st week of every month.

Paragraph-D of the compromise shows that elder son of the petitioner is residing with him and the entire expenses incurred on him is on the petitioner. The petitioner shall provide the expenses for education of his daughter, Jawahara Khatoon aged about 12 years. Both the parties have agreed to withdraw the cases pending against each other.

Considering the fact th at the matter has amicably been settled between the parties, let the petitioner above-named, in

Patna High Court CR. MISC. No.42689 of 2019(13) dt.10-10-2022 3/3 the event of his arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Complaint Case No.1453-C/2015, subject to condition as laid down under section 438(2) Cr. P.C.

(Nawneet Kumar Pandey, J) Mahesh/- U T