Md. Aurangzeb @ Laddan v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3306 of 2018 Arising Out of PS.Case No. -557 Year- 2016 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ====================================================== Md. Aurangzeb @ Laddan, S/o Md. Nassim, R/o Village- Karah, P.S.- Silao, District- Nalanda (Bihar).
.... .... Petitioner
Versus
1. The State of Bihar.
2. Smt. Farzana Khatoon W/o Md. Aurangzeb @ Laddan, R/o VillageChandpura, P.S.- Biharsharif, District- Nalanda (Bihar). .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Arun Kumar Singh, Advocate. For the State : Mr. Panchanand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-02-2018 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 Sections 498(A), 448, 323, 379/34 of the IPC and 3⁄4 of the D.P. Act.
The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. A supplementary affidavit has been filed on behalf of the petitioner annexing Affidavit sworn by opposite party no. 2,
Patna High Court Cr.Misc. No.3306 of 2018 (3) dt.09-02-2018 2/2 Farzana Khatoon. It has been stated in the said supplementary affidavit that the petitioner and opposite party no. 2 are ready to reside together. It is further stated that the parties shall file a joint affidavit before the Criminal Court as well as the Family Court with a prayer to withdraw the cases.
In paragraph no. 2 of the supplementary affidavit filed by the petitioner, it has been stated as follows:- "2. That I undertake hereby that I am ready to keep the Opposite Party No. 2 as my wife and shall keep respect, maintaining love and dignity, to her."
Considering the fact that the matter has already been settled between the parties, 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 C.J.M. Nalanda at Biharsharif, in connection with Complaint Case No. 557C of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T