Amiruddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63424 of 2023 Arising Out of PS. Case No.-1771 Year-2022 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== AMIRUDDIN SON OF AZIZ MIAN VILLAGE- RAI KARARIYA, PSPAHARPUR, DIST- EAST CHAMPARAN ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
SADRUN NEHSA WIFE OF AMIRUDDIN, D/O GAFUR ANSARI R/O BELWA RAI TIWARI TOLA, PS- TURKAULIA, DIST- EAST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shakil Ahmad Khan For the Opposite Party/s :
Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-07-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel appearing on behalf of the O.P. No. 2, Mr. Dhurendra Kumar.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 323 and 34 of the Indian Penal Code.
3. The learned counsel appearing on behalf of the O.P. No. 2, at the outset, submits that petitioner and the O.P. No. 2 in order to restitute their conjugal rights had given a try along with the child, but then the relationship could not work out, as such, on intervention of well wishers, the petitioner and the O.P. No. 2 resolved their dispute by way of one time settlement. It is
Patna High Court CR. MISC. No.63424 of 2023(9) dt.01-07-2024 2/3 submitted that petitioner is to pay an amount of Rs. 2,50,000/- to the O.P. No. 2. It is also submitted that in the event if the petitioner pays the said amount to the O.P. No. 2, in that event, the O.P. No. 2 shall withdraw the instant criminal case.
4. The learned counsel appearing on behalf of the petitioner concurs with the submission made by the learned counsel appearing on behalf of the O.P. No. 2 and submits that the amount of Rs. 2,50,000/- would be paid within a period of one month, it is submitted that the amount of Rs. 2,50,000/- shall be paid on or before 31.07.2024.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. C-1771 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. However, it is made clear that the O.P. No. 2 shall be at liberty to file an application before this Court seeking
Patna High Court CR. MISC. No.63424 of 2023(9) dt.01-07-2024 3/3 cancellation of the anticipatory bail granted to the petitioner in the event if the amount of Rs. 2,50,000/- is not paid to the O.P. No. 2 by the petitioner on or before 31.07.2024. (Satyavrat Verma, J) Rishabh/- U T