Firoz Ahmad Idrishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51859 of 2022 Arising Out of PS. Case No.-27 Year-2020 Thana- MAHILA P.S. District- Rohtas ====================================================== Firoz Ahmad Idrishi, Son Of Hazi Israil Idrishi R/O Village- Akbarpur, P.S.- Rohtas, District- Rohtas ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Sana Kasim W/O Firoz Ahmad Idrishi R/O Village- Akbarpur, P.S.- Rohtas, District- Rohtas. At Present D/O Md. Kashimuddin, R/O VillageAurangabad Saraiyan, P.S.- Amjhor, District- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Singh- Advocate For the Opposite Party/s :

Mr.Arvind Kumar Pandey (APP.84) Mr. Ajay Kumar Tiwari- Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 498(A), 341, 323, 504, 506, 313, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The learned counsel for the parties have jointly submitted that the matter was referred for mediation and the issue has been amicably resolved wherein the petitioner had agreed to pay an amount of Rs.3,75,000/- (Rs. Three Lakh Seventy Five Thousand Only).

The learned counsel for the informant, at this stage,

Patna High Court CR. MISC. No.51859 of 2022(4) dt.22-06-2023 2/3 submits that the petitioner apart from the amount also had to return the articles, which was given to him as gift in marriage. The learned counsel for the petitioner submits that he has brought a draft of Rs.3,75,000/- and the same is being handed over to the learned counsel for the informant for being handed over to the informant Sana Kasim @ Sana Qasim. It is further submitted that petitioner will ensure that the articles which were gifted to him by the family of the informant shall be returned within a period of two months from today.

The learned counsel for the petitioner submits that since the issue has been amicably resolved by way of one time settlement. Hence, he does not want to peruse with the marriage any further.

The learned counsel for the informant submits that in the event, if any application is filed by the petitioner seeking divorce by mutual consent, the informant shall not oppose the same.

The learned counsel for the petitioner further submits that he is handing over Draft bearing No.2826 dated 08.05.2023 drawn on Bank of India in favour of Sana Qasim. The learned counsel for the informant accepts the same.

Patna High Court CR. MISC. No.51859 of 2022(4) dt.22-06-2023 3/3 Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of Sri S. K. Mishra, Judicial Magistrate, 1st Class, Rohtas at Sasaram in connection with Mahila P. S. Case No.27 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T