Aazam Mohammad Shamsher @ Ajam Md. Shamshir v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14130 of 2017 Arising Out of PS.Case No. -1447 Year- 2015 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ====================================================== Aazam Mohammad Shamsher @ Ajam Md. Shamshir, S/O Md. Anwarul Haque, R/V- Chhatwan, P.S. Keoti, District-Darbhanga. .... .... Petitioner
Versus
1. The State of Bihar.
2. Shagufta Ashraf @ Tarannum, D/O Abu Ashraf, R/M- Bhowara Stadium Gate, P.S. Madhubani, District-Madhubani. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Syed Ashfaque Ahmad, Advocate. For the State : Mr. Md. Anzarul Haque Sahara, A.P.P. For the O.P. No. 2 : Mr. Ratnakar Jha, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-02-2018 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.
The petitioner is apprehending his arrest in a case for the offence registered under Section 498(A) of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. A joint compromise petition has been filed on behalf of the parties. The same may be kept on the record. It has been
Patna High Court Cr.Misc. No.14130 of 2017 (14) dt.08-02-2018 2/3 stated in paragraph nos. 7 and 8 of the said petition that the matter has been settled between the parties and a Demand Draft bearing No. 056781 dated 16.01.2018 issued by the State Bank of India, City Branch, District- Darbhanga, for an amount of Rs. 4,00,000/- (Four Lacs) has already been paid to opposite party no. 2 Shagufta Ashraf @ Tarannum. Further, the documents of Fixed Depot bearing no. DBJ/IP29084 dated 25.01.2018 of S.B.I. Life Insurance Company Ltd., Branch-Darbhanga, District-Darbhanga, for Rs. 2,00,000/-(Rupees Two Lacs) in favour of son of opposite party no. 2, Hamza Shamshir, was handed over to opposite party no. 2 The parties have undertaken to withdraw all the cases pending before the Criminal Court as well as the Family Court. It is expected that as per the settlement arrived between the parties, they will abide by the terms and conditions as made in the joint compromise petition.
Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Madhubani, in connection with T.R. No. 2440/2016, arising out of C.R. Case No.
Patna High Court Cr.Misc. No.14130 of 2017 (14) dt.08-02-2018 3/3 1418 of 2015/ 1447 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T