Mohammad Sarfraz Alam @ Md. Sarfaraz Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80908 of 2024 Arising Out of PS. Case No.-1448 Year-2023 Thana- COMPLAINT CASE District- Araria ====================================================== Mohammad Sarfraz Alam @ Md. Sarfaraz Alam S/O- Late Isha Resident of village- Mahadevpur Akhtiyarpur Police station- Sarsi District- Purnea ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Nagma Praveen D/o- Mojibur Rahman R/o- Dumariya Po-Bistoriya PsRaniganj Dist- Araria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Asha Kumari, APP For the O.P. No. 2 :
Md. Naushad Uzzoha, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-05-2025 Heard the learned Advocate for the petitioner, learned Advocate for the O.P. No. 2 and the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Complaint Case No. 1448C of 2023, registered for the offences punishable under Sections 323 and 498A of the Indian Penal Code.
3. The marriage of the petitioner was solemnized with the O.P. No. 2 long back in the year 2015. However, on account of demand of dowry and other allegations, the present complaint came to be filed. It has also been apprised that the couple also blessed with a child, who has been residing with the O.P. No. 2.
4. Considering the matrimonial discord and the family
2/4 feud, which gave rise to criminal case, this Court vide order dated 22.03.2025, referred the matter to the Patna High Court Mediation and Conciliation Center. Despite the sincere efforts, the dispute between the parties could not be resolved through the process of mediation. Thus, the matter is placed before this Court.
5. On account of sincere efforts made by the learned Advocate for the respective parties now both the parties have agreed to resolve the dispute outside the Court. An offer has been made by the petitioner that he is ready to pay Rs. 4 lakhs as one time settlement to the O.P. No. 2, which was duly accepted by her.
6. Mr. Ramesh Kumar Singh, learned Advocate for the petitioner has further clarified that the petitioner is a man, having financial crunch and, as such, he undertakes that the amount shall be paid in installment.
7. Learned Advocate for the O.P. No. 2 has no objection.
8. Considering the fair submissions and the good gestures by both the parties, this Court deems it fit and proper to allow the present application; the bail bond of the petitioner shall be accepted provisionally, subject to payment of an
3/4 amount of Rs. One lakh at the time of furnishing the bail bond to the O.P. No. 2.
9. The remaining amount of Rs. 3 lakhs shall be paid to the O.P. No. 2 within three months. On payment of the entire amount, the provisional bail accorded to the petitioner shall be confirmed by the Court below after getting the acknowledgment from the O.P. No. 2.
10. Undertaking has also been given on the part of the O.P. No. 2 that on receipt of the amount, she shall withdraw the present case as also the Maintenance Case No. 363M of 2024, henceforth.
11. With the aforesaid direction, the present application stands disposed off.
12. Let the petitioner above named be provisionally released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate - 1st Class, Araria in connection with Complaint Case No. 1448C of 2023, subject to the aforenoted conditions as also the conditions laid down in Section 482(2) Bharatiya Nagarik
4/4 Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) shivank/- U T