Md. Sabbir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57147 of 2019 Arising Out of PS. Case No.-9 Year-2016 Thana- ARWAL MAHILA District- Jehanabad ====================================================== MD. SABBIR Son of Abdul Gafur @ Munna Mian Resident of MohallaBaradari (Dalelganj), P.S.- Sasaram, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case registered under Section 323, 498A, 379, 307/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture and assault upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.06.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case.

A supplementary affidavit has been filed on behalf of the

Patna High Court CR. MISC. No.57147 of 2019(2) dt.19-09-2019 2/3 petitioner. Same be kept on the record.

The following statement has been made in paragraph 4 of the supplementary affidavit filed on behalf of the petitioner. "4. That the petitioner is husband of the informant and he is ready to keep and live with his wife with all respect and liability if she is ready to live with husband in the house of the petitioner with father and mother of the petitioner.

It is further submitted that the petitioner will not be reside in the house of informant in her Naihar in Arwal (House of the informant).

A counter affidavit has also been filed on behalf of the O.P. No.2. Same be kept on the record.

The following statement has been made in paragraph 6 of the counter affidavit filed on behalf of the O.P. No.2. "6. That the O.P. No.2 wants to settle her matter with the petitioner on one-time basis. Considering the statements made in the supplementary affidavit and counter affidavit, there is no chance of reconciliation between the parties. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

Patna High Court CR. MISC. No.57147 of 2019(2) dt.19-09-2019 3/3 Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Arwal in connection with Arwal Mahila P.S. case No.09 of 2016, Tr. No.1427 of 2018.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) Narendra/- U T