Mohammad Murtuja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48570 of 2024 Arising Out of PS. Case No.-58 Year-2015 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Mohammad Murtuja Son Of Mohammad Naim Resident Of Village - Marwan Khurd, P.S. - Karza, District - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Rani Khatoon Wife Of Mohammad Muruja Resident Of Village - Marwan Khurd, P.S. - Karza, District - Muzaffarpur. Presently Residing At - Village - Kamalpura Tola, Mathiya, P.S. - Paroo, District - Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ayush Kumar, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 03-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Muzaffarpur Complaint Case No. 58 of 2015 for the offences punishable under Sections 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. It is a case of matrimonial dispute between the petitioner and opposite party no. 2 in which the complainant has alleged that she was subjected to cruelty due to non fulfillment of demand of dowry made by her in laws.

4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has committed no offence as

Patna High Court CR. MISC. No.48570 of 2024(6) dt.03-04-2025 2/3 alleged against him. The allegation against the petitioner is false, misleading and concocted. Petitioner is the husband of the complainant and he is ready to keep his wife with full honour and dignity. No occurrence took place as alleged in the complaint petition rather complainant didn't want to live with petitioner's family and falsely implicated in the entire family of the petitioner.

5. Earlier vide order dated 24.03.2025, with consent of both the parties, this matter was referred to the Mediation and Conciliation Center, Patna.

6. It reveals from Memorandum of Agreement dated 18.12.2024, that both the parties agreed to live separately and petitioner has offered to pay Rs. 3,75,000/- (Three Lakh Seventy Five Thousand) as full and final settlement amount to opposite party no. 2 within a period of two months.

7. At this stage, learned counsel for the petitioner submitted that the petitioner will pay the said amount at the time of furnishing the bail bond.

8. In the meantime, as per their agreement, both parties are directed to withdraw the cases pending against each other. As also, abide the other condition if any, incorporated in the said agreement.

Patna High Court CR. MISC. No.48570 of 2024(6) dt.03-04-2025 3/3

9. Having heard learned counsel for the parties and considering the facts mentioned in Memorandum of Agreement before Patna High Court Mediation Center, this Court is inclined to extend him the privilege of anticipatory bail.

10. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M. (West), Muzaffarpur, in connection with Muzaffarpur Complaint Case No. 58 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J) Ankit Kumar/- U T