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Patna High CourtCR. MISC./53340/2024bail granted

Md. Javed v. The State Of Bihar

2025-04-28Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53340 of 2024 Arising Out of PS. Case No.-1197 Year-2021 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Md. Javed S/o- Md. Januddin @ Md. Jainuddin Village- Simra Ps- Sakra Dist- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nusrat Parveen wife of Md. Javed, D/o- Md. Najim Village - Dharampur W.No-2, Ps- Samastipur Dist- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisu Zzoha For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 28-04-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in connection with C.R. (Complaint) P.S. Case No.1197 of 2021 registered for offences under Sections 147, 498A and 323 of the Indian Penal Code.

3. As per the prosecution case, the informant states that her marriage was solemnized with the petitioner on 25.11.2019. After some years of marriage, all accused persons including the petitioner herein started to assault her mentally

Patna High Court CR. MISC. No.53340 of 2024(6) dt.28-04-2025 2/3 and physically on account of non-fulfillment of demand of dowry and ultimately ousted her from matrimonial house.

4. Learned counsel for the petitioner submits that earlier vide order dated 17.12.2024, the matter was sent to the Patna High Court, Mediation Center for reaching settlement between the parties but no settlement has been arrived at between the parties.

5. At this stage, the petitioner offers to give Rs.3000/- (Rupees Three Thousand) per month to opposite party no.2 in first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding.

6. In such view of the matter, let the above named petitioner, be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Samastipur, in connection with C.R. (Complaint) P.S. Case No.1197 of 2021 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482

(2) of the B.N.S.S., 2023 and subject to the further condition that the petitioner shall co-operate in the investigation/trial. In

Patna High Court CR. MISC. No.53340 of 2024(6) dt.28-04-2025 3/3 any case of violation of the same, the opposite party no. 2 is at liberty to approach the learned Court below for cancellation of anticipatory bail of the petitioner.

7. Learned counsel for the opposite party no. 2, under instruction, submits that opposite party no.2 undertakes to provide her bank account details to the petitioner within a period of two weeks by submitting the same on affidavit before the learned Court below.

8. Accordingly, this application stands disposed of. (Soni Shrivastava, J) sharun/- U T