Md. Saquib Nezami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48814 of 2023 Arising Out of PS. Case No.-255 Year-2022 Thana- CIVIL LINE District- Gaya ====================================================== MD. SAQUIB NEZAMI Son of Md. Nizam Uddin Resident of Maulana Azad Nagar, F.C.I Road, Phulwari Sharif, P.S.- Phulwari Sharif, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Arshi Mahmood Daughter of Md. Mahmood Resident of Medicine House, S.P. Road, Near Fire Brigade, P.S.- Civil Lines, District - Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Shadab Akhter For the State :

Mr. Tarkeshwar Nath Thakur For the O.P. No.2 : Mr. Kumar Nikhil Shubham ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. Vide order dated 16.08.2023, the petitioner was granted provisional bail on the basis of a joint compromise petition, which is reproduced in the aforesaid order itself and notice was issued to opposite party no.2.

4. Learned counsel for the opposite party no.2 is

Patna High Court CR. MISC. No.48814 of 2023(3) dt.31-10-2023 2/2 present and submits that as per the terms of the compromise petition, the husband (petitioner) was to deposit Rs.20 Lacs as a Dawor Amount to a mediator Md. Parwez Alam and thereafter Md. Parwez Alam will hand over the said amount to opposite party no.2 but not a single penny has been received by the opposite party in this regard.

5. Learned counsel for the petitioner is not in a position to contradict the same.

6. In that view of the matter, I direct the petitioner to give Rs.20 Lacs to opposite party no.2 by way of bank draft or NEFT/RTGS as per the aforesaid compromise.

7. The learned Court below is directed to confirm the provisional bail of the petitioner after satisfying that Rs.20 Lacs has already been paid to opposite party no.2.

8. Opposite party no.2 is directed to withdraw the cases filed against the petitioner without fail.

9. With the aforesaid observation and direction, this application stands disposed of.

(Anjani Kumar Sharan, J) Trivedi/- U T