Md. Meraj v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37270 of 2015 Arising Out of PS.Case No. -1505 Year- 2012 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Md. Meraj Son of Md. Seraj Resident of Village- Udinpur Boaridih, P.S.- Gaighat, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sakila Khatoon wife of Md. Meraj of Village- Udinpur Boaridih, P.S.- Gaighat, District- Muzaffarpur. presently living with her father Janab Md. Shish at village- Raghopur, P.S.- Minapur, District- Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s : Mr. Aditya Nr. Singh1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-01-2016 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 498A, 504 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of dowry demand. It is submitted by the learned counsel for the petitioner that the issue has been resolved between the parties. Both sides have agreed to part wages on permanent alimony of

Patna High Court Cr.Misc. No.37270 of 2015 (3) dt.18-01-2015 Rs. 55,000/-. The said amount will be paid to the complainant at the time of filing of the joint compromise petition before the learned court below.

Learned counsel for the complainant has not controverted the contentions made by the learned counsel for the petitioner. Hence the counsel for the complainant is not opposing the prayer for bail to the petitioner. In the circumstances of issue being resolved between the parties and complainant is not opposing the prayer for bail of the petitioner, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve 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 Sub-Divisional Judicial Magistrate, East Muzaffarpur in connection with Complaint Case No. 1505 of 2012, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) P.K./- U T