Md Firoz Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62048 of 2021 Arising Out of PS. Case No.-39 Year-2021 Thana- CIVIL LINE District- Gaya ====================================================== 1.
Md Yusuf @ Munna Son of Md. Yusuf (Bhaisur) Resident of Mohalla- Park Circus-7 Kasaipara, P.S.- Bania Pokhar, P.O.- Kolkatta, District- Kolkatta. 2.
Md. Sulauddin S/o Md. Yusuf (Bhaisur) Resident of Mohalla- Park Circus-7 Kasaipara, P.S.- Bania Pokhar, P.O.- Kolkatta, District- Kolkatta. 3.
Tabbasum Khatoon W/o Afsar (Nanad) Resident of Mohalla- Park Circus-7 Kasaipara, P.S.- Bania Pokhar, P.O.- Kolkatta, District- Kolkatta. 4.
Munni Khatoon W/o Md. Rafique (Nanad) Resident of Mohalla- Park Circus-7 Kasaipara, P.S.- Bania Pokhar, P.O.- Kolkatta, District- Kolkatta. 5.
Tara Khatoon W/o Md. Yusuf @ Munna (Gotni) Resident of Mohalla- Park Circus-7 Kasaipara, P.S.- Bania Pokhar, P.O.- Kolkatta, District- Kolkatta. 6.
Md. Reyaz Son of Late Md. Rehman (Mausa) Resident of MohallaNadreganj, P.S.- Civil Lines, P.O. Gaya, District- Gaya, (Mediator) ... ... Petitioners
Versus
1.
The State of Bihar 2.
Jugnu Parween @ Phatima Khatoon W/o Md. Mustapha Resident of Mohalla- Nadaraganj Imtiyaj Bharti Gali, P.S.- Civil Lines, District- Gaya ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 66139 of 2021 Arising Out of PS. Case No.-39 Year-2021 Thana- CIVIL LINE District- Gaya ====================================================== Md Firoz Alam Son of Late Md. Lgnush Resident of Village - Park Circus, Part Street 07, Kasaipara Lane, P.S.- Bania Pokhar, P.O.- Kolkatta, Distt.- Kolkatta.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Jugnu Parween @ Phatima Khatoon W/o Md. Mustapha Resident of Village - Nadaraganj Imtiyaj Bharti Gali, P.S.- Civil Lines, Distt.- Gaya. ... ... Opposite Party/s ======================================================
2/4 Appearance :
(In CRIMINAL MISCELLANEOUS No. 62048 of 2021) For the Petitioner/s :
Mr. Ashok Kumar For the Opposite Party/s :
Mr. Shailendra Kumar Singh (In CRIMINAL MISCELLANEOUS No. 66139 of 2021) For the Petitioner/s :
Mr. Ashok Kumar For the Opposite Party/s :
Mrs. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-03-2022 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.
The petitioners apprehend their arrest in connection with Civil Lines P.S. Case No. 39 of 2021 registered for the offences punishable under Sections 323, 341, 342, 498(A) of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act. A supplementary affidavit has been filed by the petitioner stating that both the parties have already entered into a compromise. Learned counsel for the opposite party no. 2 has supported the factum of compromise between the parties and one of the terms of compromise is that the petitioner will pay Rs. 4,00,000/- (four lacs) to the opposite party no. 2, out of Rs. 4,00,000/- (four lacs), Rs. 2,00,000/- is handed over through the demand draft of Rs. 2,00,000/- (two lacs) to the opposite party no. 2 today in Court and submits that he will pay the balance amount of Rs. 2,00,000/- within three months from
3/4 today.
Considering the submissions of the parties, the petitioners shall appear in the Court below and execute the bail bond of Rs. 10,000/- (two lacs) with two sureties within four weeks from today and the Court below shall grant him interim bail and after the payment of the balance amount of Rs. 2,00,000/- (two lacs) within three months, the bail bond of the petitioner shall be confirmed. The undertaking is being given by the learned counsel for the opposite party no. 2 in this Court that once the entire payment is made and the money is released in favour of the opposite party no. 2, the opposite party no. 2 shall withdraw all the criminal cases registered by her against the petitioners. Any violation of the undertaking by the opposite party no. 2 after she receives the entire amount shall be treated as contempt of Court and the petitioners shall be at liberty to file a petition for initiating contempt proceeding against the opposite party no. 2.
Accordingly, let the petitioners above named be released on bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Civil Lines P.S. Case No. 39 of 2021, subject to the conditions as laid down under
4/4 Section 438(2) of the Cr. P.C.
The anticipatory bail application is disposed of. (Sandeep Kumar, J) Ibrar//- U