Md. Shahnawaz @ Shahnawaj Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54330 of 2024 Arising Out of PS. Case No.-300 Year-2020 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Md. Shahnawaz @ Shahnawaj Alam Son Of Md. Rashid R/V- Bishungaj Sabanpur, P.S.- Tekari, Distt.- Gaya ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Phatima Pravin Wife Of Md. Shahnawaz @ Shahanawaj Alam R/VBishungaj Sabajpur, P.S.- Tekari, Distt.- Gaya At Present D/O- Ibrar, Mohalla- Katari Hill, P.S.- Chandauti, Distt.- Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar For the Opposite Party/s :
Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner, learned counsel for O.P. No. 2 and learned APP for the State.
2. The petitioner has filed the instant application for apprehending his arrest in a case registered for the offences punishable under Sections 498(A) of the Indian Penal Code and Section 4 of Dowry Prohibition Act.
3. It is a case of torturing, ousting and demand of dowry. Petitioner is husband of the complainant.
4. Learned counsel for the parties agreed upon the report of Memorendum of Agreement, sent by Patna High Court Mediation Centre, dated 06.03.2025, in which it is
Patna High Court CR. MISC. No.54330 of 2024(4) dt.28-03-2025 2/3 mentioned that both the parties are ready to resolve the dispute through the Mediation Proceeding on the following terms and conditions"
Both the parties agreed to live separately and for this the petitioner offered to pay Rs. 2,90,000/- (two lakh ninety thousand rupees) to O.P. No. 2. Out of which Rs. 1,00,000/- (one lakh rupees) has already been paid to O.P. No. 2 by the petitioner by two Bank Drafts. Rst amount of Rs. 1,90,000/- (one lakh ninety thousand rupees) will be paid in four installments as hereunder:- (i) 1st installment - Rs. 50,000/- (fifty thousand rupees) will be paid on 2nd April, 2025. (ii) 2nd installment - Rs. 50,000- (fifty thiusand rupees) will be paid on 2nd May, 2025. (iii) 3rd installment - Rs. 50,000/- (fifty thousand rupees) will be paid at the time, when complainant will withdraw the maintenance case bearing maintenance case No. 45 of 2021.
(iv) 4th installment - Rs. 40,000/- (forty thousand rupees) will be paid on 2nd September, 2025 and at that time, complainant shall withdraw complaint case No. 300 of 2020 or any other cases pending between them.
Patna High Court CR. MISC. No.54330 of 2024(4) dt.28-03-2025 3/3
5. It is submitted on behalf of the petitioner that he is ready to pay the entire amount on the date fixed as per the Memorandum of Agreement.
6. In the meantime, as per their agreement, both parties are directed to withdraw respective cases Civil/Criminal in nature filed against each other.
7. Having heard learned counsel for the parties and considering the above facts as also mentioned in Memorandum of Agreement, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Gaya Complaint Case No. 300 of 2020 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 Judicial Magistrate 1st Class, Gaya.
(S. B. Pd. Singh, J) Nirajkrs/- U T