Azad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66642 of 2019 Arising Out of PS. Case No.-1087 Year-2018 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== Azad Alam Son of Manuar Sah Resident of Village - Line Bajar, P.S.- Mirganj, Distt.- Gopalganj.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Naseema Khatoon @ Naziya D/o Jakir Mastaan Resident of Village - Nausepur, P.O.- Bachanbara, P.S.- G.B. Nagar, Distt.- Siwan. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-10-2021 Heard learned counsel for the petitioner as well as learned APP for the State. None appeared on behalf of the O.P. No. 2.

The petitioner apprehends his arrest in connection with Siwan Complaint Case No. 1087 of 2018 registered for the offences punishable under Sections 323, 406, 498(a), 120(b) of the Indian Penal Code and 3⁄4 of D.P. Act.

It is a case of matrimonial discord. The brief facts is that the complainant was married with the present petitioner on 14.5.2016 with Muslims rites and after the marriage she was tortured for non-fulfillment of dowry demand of rupees five lacs cash.

Patna High Court CR. MISC. No.66642 of 2019(6) dt.27-10-2021 2/2 From perusal of the order dated 6.12.2019, it appears that to explore the possibility of reconciliation, the case was referred to the Mediation Center. Although, the report of Mediator is not available but the xerox copy of compromise petition has been annexed with the record, which shows that the complainant had taken Rs. 3,00,000/- as one time settlement. It has been mentioned in that compromise petition that all the disputes between husband and wife ended and both are free to solemnize their respective second marriages.

Considering these facts and circumstances, let the petitioner above-named in the event of his arrest or surrender within four weeks before the court below be released on bail on furnishing bail bond of Rs. 10,000/- ( Ten Thousand) with two sureties like amount each to the satisfaction of learned S.D.J.M., Siwan in connection with Siwan Complaint Case No. 1087 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey , J) SONALI/- U T