Md.Mazhar Hussain @ Majhar Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33232 of 2018 Arising Out of PS.Case No. -76 Year- 2017 Thana -MAHILA PS District- JEHANABAD ====================================================== Md.mazhar Hussain @ Majhar Hussain, son of Late Aabid Hussain, resident of Village - Rasoolpur, P.S. - Nayagaon and Distt. - Saran at Chapra.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Amir Alam, Advocate. For the Opposite Party : Mr. Binod Kumar 3, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-08-2018 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 498(A), 504, 506 and 308 of the IPC.
The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. A joint compromise petition has been filed on behalf of the parties. The following are the terms and conditions of settlement between the parties:- "2 That both parties are jointly agree on the following points:- I. Petitioner (Mazhar Hussain) shall provide all
Patna High Court Cr.Misc. No.33232 of 2018 (4) dt.08-08-2018 2/3 the required necessity as food grain, School fee of the children. Medical facility and other necessary requirement provide to the informant (Sultana Parvin) to maintain herself and all five children in which one child is physically handicapped as well as unsound.
II. Petitioner shall provide to the informant cash amount as her requirement to herself and her five children.
III. Petitioner shall never misbehave and assault with the informant and her children and informant shall properly behave with her husband (petitioner).
IV. Informant shall co-operate the petitioner to restore her conjugal life with her husband (petitioner) and petitioner shall also co-operate to the informant to restore his conjugal life. V. Both parties have withdrawn their respective cases registered against each-other after execution of the present joint compromise petition.
VI. Both parties have no grievances to eachother and they have ready to live happy conjugal life and make best effort for proper development and education of their children born from their wedlock as well as three child of late first wife.
3. That the contents of this joint compromise petition have been read over and explain to me in Hindi. I have understood and they are true to our knowledge and belief.
Sd/- Sultana Pravin Sd/- Majhar Hussain. 30.7.2018.
30.7.18. "
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
Patna High Court Cr.Misc. No.33232 of 2018 (4) dt.08-08-2018 3/3 sureties of the like amount each to the satisfaction of the learned C.J.M. Jehanabad, in connection with Jehanabad Mahila P.S. Case No. 76/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T