Md. Amirul @ Amirul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73799 of 2023 Arising Out of PS. Case No.-431 Year-2021 Thana- LAHERIYASARAI District- Darbhanga ====================================================== MD. AMIRUL @ AMIRUL SON OF MD MUSTAKIM RESIDENT OF VILLAGE - DARGAH CHOWK BHAUARA, P.S. - NAGAR, DISTRICT - MADHUBANI ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 3.
SHAMA PRAVEEN WIFE OF MD AIRUL @ AMIRUL RESIDENT OF MOHALA - PURANI MUNSAFI, P.S. - LAHERIASARAI, DISTRICT - DARBHANGA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No 13 For the Opposite Party/s :
Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-03-2024
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Laheriasarai P.S. Case No. 431 of 2021 corresponding to G.R. No. 2625 of 2021 dated 02.09.2021 registered under Sections 498(A), 406 / 34 of the I.P.C. and Section 3⁄4 of the Dowry Prohibition Act.
3. As per the F.I.R. the prosecution case in brief is that the marriage of the informant was solemnized with the petitioner / Md. Amirul on 31.03.2010. It is further alleged that the accused persons demanded Rs. 6,00,000/- as dowry and due to non
Patna High Court CR. MISC. No.73799 of 2023(3) dt.05-03-2024 2/3 fulfillment of demand of dowry, all the accused persons including the petitioner abused, assaulted and tortured her by various ways and lastly ousted the informant after retaining all her belongings including jewelry worth Rs. 5 Lakh.
4. The matter was referred for mediation before the Patna High Court Mediation and Reconciliation Centre for amicable settlement of dispute between husband and wife.
5. The mediation report is on record which says that the parties have resolved their dispute amicably and the terms of settlement mutually agreed upon by them has been signed by both the parties on 29.02.2024.
6. Regard being had to the submission made by the parties and taking into consideration the memorandum of agreement arrived at between the parties on 29.02.2024 before the learned Mediator, I am inclined to grant anticipatory bail to the petitioner subject to condition that both the parties i.e. the petitioner as well as the Opposite Party No. 2 shall abide by the terms and conditions of the memorandum of agreement dated 29.02.2024.
7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on
Patna High Court CR. MISC. No.73799 of 2023(3) dt.05-03-2024 3/3 furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Darbhanga in connection with Laheriasarai P.S. Case No. 431 of 2021 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anil Kumar Sinha, J) praful/- U T