Ali Ajam @ Ali Azam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46038 of 2019 Arising Out of PS. Case No.-188 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== ALI AJAM @ ALI AZAM Son of Farooque Azam @ Sheikh Pharuk Resident of Village- Jhitkahiya, P.S.- (Lakhaura) Muffasil, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-07-2019 Heard the learned counsel for the petitioner, informant and the learned A.P.P. for the State.
The petitioner seeks bail in Muffasil P.S. Case No. 188/2019, instituted for offence under Section(s) 341, 323, 498A, 504/34 of the Indian Penal Code read with Section 3⁄4 of D.P. Act.
It is alleged in the written report that petitioner was married with informant about two years ago as per Muslim Customs. After marriage, informant was tortured in her Sasural for non-fulfillment of demand of dowry as alleged. Learned counsel for petitioner has submitted that informant has always put pressure on petitioner for family partition. When petitioner was not ready for the same, she lodged the instant case. It is further submitted that divorce case
Patna High Court CR. MISC. No.46038 of 2019(2) dt.31-07-2019 2/3 has been filed by petitioner before the learned Principal Judge, Family Court, Motihari. Petitioner is ready for one time settlement. There is general and omnibus allegation against the petitioner. Petitioner wants one time settlement. In such circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Muffasil P.S. Case No. 188/2019, subject to the conditions that both the bailors shall be the close relative of the petitioner. The petitioner will file undertaking at the time of filing bail bond that he is ready for one time settlement with informant and he will appear in the Maintenance Case filed by informant.
The Court below shall take initiative for one time settlement between the parties by sending the matter in Mediation Centre. The Mediator shall submit report within three months in the Court below.
In the event the mediation fail on account of noncooperation of petitioner, the informant will be at liberty to file
Patna High Court CR. MISC. No.46038 of 2019(2) dt.31-07-2019 3/3 application in the court below for cancellation of bail bond of the petitioner.
Learned counsel for informant has submitted that petitioner may go to foreign country after being enlarged on bail.
The petitioner is directed not to leave the country without taking permission of the court below during pendency of case.
(Sanjay Priya, J) rakhi/- U T