Habib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57010 of 2023 Arising Out of PS. Case No.-3 Year-2023 Thana- SIKTI District- Araria ====================================================== HABIB S/O HASIB R/O VILLAGE- DIGHALI, P.S- PALASI, DISTT.- ARARIA.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SHAGUPTA BEGUM D/O NIYA AHMAD R/O VILLAGE- SONAPUR, WARD NO. 09, P.S- SIKTI, DISTT.- ARARIA.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhav Jha, Adv.

For the State :

Mr. Awadhesh Kumar Singh, APP For the Informant :

Mr. Munish Om Prakash Singh, Adv.

Mr. Ranjit Kumar Thakur, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 26-06-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 504, 506 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. The allegation in the FIR is that there was demand of Rs. 1 lakh, one buffalo and furniture and the consequent torture upon the informant.

4. Learned counsel for the petitioner submits that the allegations made in the FIR are false and as a matter of fact, the

Patna High Court CR. MISC. No.57010 of 2023(6) dt.26-06-2025 2/3 petitioner had always been ready to keep the informant with due dignity and honour and a compromise had also been arrived between them and the informant was staying along with the petitioner in her matrimonial house. However, when a supplementary affidavit to the said effect was required to be filed, the informant voluntarily left the house and is now staying at her parental home.

5. Learned counsel appearing for the informant does not have instructions in the matter.

6. In such view of the matter, let the above named petitioner, be released on provisional bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, 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 Court below where the case is pending/successor Court in connection with Sikti P.S. Case No. 03 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and the learned Court concerned is directed to issue notice to the informant and fix a date so that a compromise is effected between the parties. In case, the petitioner co-operates and the informant does not appear or cooperate in the process

Patna High Court CR. MISC. No.57010 of 2023(6) dt.26-06-2025 3/3 of reaching an amicable settlement between the parties, the provisional bail granted to the petitioner would stand confirmed.

7. Accordingly, the application stands disposed of. (Soni Shrivastava, J) divyanshi/- U T