Saheb Darjee @ Saheb Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58178 of 2023 Arising Out of PS. Case No.-828 Year-2022 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== SAHEB DARJEE @ SAHEB HUSSAIN Son of Dildar Darjee Resident of village - Darjee Tola, P.S. - Bhitaha, Distt. - West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Saleha Khatoon Wife of Saheb Darjee @ Saheb Hussain, D/o Alam Darjee R/o vill - Darjee Tola, P.s. - Bhitaha, Distt. - West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithvi Nath Mishra For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-02-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Trial No. 2502 of 2022 arising out of Complaint Case No. 828 of 2022 dated 12.09.2022 registered under Sections 323, 379, 498A, 504, 506/34 of the I.P.C. & Section 3⁄4 of the Dowry Prohibition Act in which cognizance has already been taken against the petitioner by the learned S.D.J.M, Bagaha, West Champaran.

3. As per the prosecution case marriage of the complainant with the petitioner took place 12 years back and out of wedlock three children were born to them. However, the accused persons including the petitioner started demanding Rs. 1,00000/- cash and a motorcycle as dowry and due to non fulfillment of the

Patna High Court CR. MISC. No.58178 of 2023(4) dt.27-02-2024 2/2 demand, the complainant was tortured mentally and physically and subsequently she was ousted from her matrimonial house.

4. The matter was sent to Patna High Court Mediation Centre for mediation vide order dated 09.10.2023 and according to the mediation report dispute between the parties has been resolved and both husband and wife mutually agreed to live together.

5. Learned counsel for the Opposite Party No. 2 accepts the position that the parties have amicably settled their dispute.

6. Having regard to the fact that husband and wife have arrived at amicable settlement, as such, I am inclined to grant anticipatory bail to the petitioner.

7.Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the 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 S.D.J.M., Bagaha, West Champaran in connection with Trial No. 2502 of 2022 arising out of Complaint Case No. 828 of 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T