Masiullah Ali v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32929 of 2017 Arising Out of PS.Case No. -68 Year- 2016 Thana -MAHILA P.S. District- PATNA ====================================================== Masiullah Ali, Son of Late Haji Neyaz Ali @ Late Neyaz, resident of Saheed market, Stwarganj, Mohania, P.S. Mohania, Distt. Kaimur. Both resident of Saheed Market, Stuwarganj, Mohania, P.S.-Mohania, DistrictKaimur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Taiyab Muhammad Ansari, Son of Jumrati Mian, resident of Soghra Manzil, New Millat Colony, Phulwarisarif, District Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramadhar Shekhar, Advocate. For the Opposite Party/s : Mr. Amitesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-07-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Mahila P.S. Case No. 68 of 2016 instituted for the offence under Section 420/34 of the Indian Penal Code.

There is allegation against the petitioner that the informant had fixed the marriage of his daughter with son of petitioner and an amount of Rs.10,00,000/- was transferred in his account through RTGS before the engagement ceremony. It has further been submitted that the petitioner made demand of further money of Rs.11,00,000/- which the informant was unable to fulfill and, thereafter, marriage was not performed.

Patna High Court Cr.Misc. No.32929 of 2017 (4) dt.27-07-2017 2/2 During hearing of bail petition, the counsel for the opposite party No. 2 has submitted that as per reconciliation in Chamber before the Hon'ble Judge of this Court earlier, the petitioner has agreed to make payment of Rs.5,00,000/- to the informant. The counsel for the petitioner has agreed to make payment of Rs.5,00,000/- to the informant before his release in the court below. In such circumstances, the application is allowed with a direction to the petitioner to deposit Demand Draft of Rs.5,00,000/- in the court below payable in favour of the informant, and. on such deposit, the court below will release the petitioner on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna, in connection with Mahila P.S. Case No. 68 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

The court below is directed to hand over the Demand draft to the informant on the same day.

(Sanjay Priya, J) S.Ali/- U T