Md. Shamim Akhtar @ Md. Shamim Akhtar Jawed v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69167 of 2022 Arising Out of PS. Case No.-299 Year-2022 Thana- AAJAM NAGAR District- Katihar ====================================================== Md. Shamim Akhtar @ Md. Shamim Akhtar Jawed, S/o Md. Haroon Rashid @ Harun Rashid, Resident of village-Raghunathpur, P.S.- Barsoi, DistrictKatihar ... ... Petitioner
Versus
1.
The State of Bihar 2.
Farjana Khatoon, W/o Md. Shamim Akhtar @ Md. Shamim Akhtar Jawed, D/o Md. Haroon R/v- Majrahi, P.S.- Azamnagar, District- Katihar ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Rajendra Prasad Sah, Advocate For the Opposite Party :
Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Azamnagar P.S. Case No.299 of 2022 registered for the offences punishable under Sections 323, 379, 498-A, 504, 506 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act. The allegation against the petitioner is to commit cruelty against opposite party no.2/wife, as demand of dowry alleged to be raised for Rs.6 lakhs was not fulfilled. It is submitted by learned counsel that the present
Patna High Court CR. MISC. No.69167 of 2022(2) dt.01-05-2023 2/3 implication was raised out of family misconception and now after intervention of family members and relatives, the matter has been compromised between the parties and they are leading their conjugal life happily together after compromising the matter. It is submitted that a supplementary affidavit, suggesting compromise has also been filed before this Court on 27.04.2023, hard copy of same placed to this Court during the course of hearing itself. It is submitted that the petitioner is a man of clean antecedent.
Learned Additional Public Prosecutor appearing on behalf of the State while opposing the prayer of bail fairly conceded the factum of compromise, in view of supplementary affidavit dated 27.04.2023.
In view of the above-mentioned facts and circumstances, as the matter has been compromised between the parties in terms of supplementary affidavit dated 27.04.2023, let the above-named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks of this order, be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Azamnagar P.S. Case
Patna High Court CR. MISC. No.69167 of 2022(2) dt.01-05-2023 3/3 No.299 of 2022, subject to the conditions as laid down under Section 438(2) of the CrPC.
(Chandra Shekhar Jha, J.) Sanjeet/- U T