Saquib Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66751 of 2021 Arising Out of PS. Case No.-402 Year-2021 Thana- KISHANGANJ District- Kishanganj ====================================================== SAQUIB ALAM Son of Md. Gaganfar Ali @ Gaganfar Ali Resident of Do Mohani, Police Station - Rauta, District - Purnea. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Krishan Jha For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-04-2022 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.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Kishanganj P.S. Case No. 402/2021 registered for the offences punishable under Sections 498(A)/504/506/34 of the Indian Penal Code and Section 4 of the Muslim Women Protection Act.

Learned counsel for the petitioner, on instruction from his client, submits that the petitioner is agreed to pay Rupees Seventeen Lakhs by way of one time settlement. It is also agreed between the parties that once the entire amount is paid,

Patna High Court CR. MISC. No.66751 of 2021(5) dt.27-04-2022 2/3 the petitioner will divorce the opposite party No. 2 in accordance with their religion. The amount of Rupees Seventeen Lakhs shall be paid in four equal installments within a period six months.

The petitioner shall be released on provisional anticipatory bail after furnishing a demand draft of Rs. 4.5 lakhs and, thereafter, the rest of the amount will be paid in installments. The Court below on receiving the first installment will grant interim bail for six months enabling the petitioner to arrange the entire amount of Rupees Seventeen Lakhs. After payment of the entire amount of Rupees Seventeen Lakhs, the opposite party No. 2 shall be duty bond to file an application for withdrawal of its case and any other case which she has filed against the petitioner.

With the aforesaid observations and directions, the prayer of the petitioner for grant of anticipatory bail is allowed. Accordingly, let the petitioner above named be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned CJM I/c, Kishanganj, in connection with Kishanganj

Patna High Court CR. MISC. No.66751 of 2021(5) dt.27-04-2022 3/3 P.S. Case No. 402/2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

The affidavits filed by the parties are taken on record. (Sandeep Kumar, J) Saif/- U T