Md. Aslam @ Jugnu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73207 of 2019 Arising Out of PS. Case No.-214 Year-2019 Thana- COMPLAINT CASE District- Araria ====================================================== Md. Aslam @ Jugnu, son of Late Basir Khan @ Md. Wasi Resident of Village - Imli Tola Jhanda Chowk, Line Bazar, P.S.- Khajanchi Hat , Dist.- Purnia. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Bibi Yasmin Parween Not mention Resident of Village - Azad Nagar, Ward No.20, P.S.- Araria, Distt.- Araria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anamul Haque For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2021 Heard learned counsel for the petitioner, complainant and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.73207 of 2019(7) dt.30-11-2021 2/3 The petitioner is husband of the complainant/O.P. No. 2.

The basic accusation is of torture and making assault for non-fulfillment of the dowry demand. The petitioner and the complainant are present in person before this Court.

A supplementary affidavit has been filed on behalf of the petitioner to the effect that both the parties have settled their dispute outside Court. The petitioner agreed to pay Rs. 1,50,000/- to the complainant/O.P. No. 2 as one time settlement and out of Rs. 1,50,000/- a sum of Rs. 50,000/- has already been paid by the petitioner to the complainant in presence of punches. So far as rest amount of Rs. 1,00,000/- is concerned, both the parties have sworn joint affidavit, which has been brought on record as Annexure-2 to the supplementary affidavit that the petitioner has paid Rs. 1,00,000/- to the complainant/O.P. No. 2 on 26.10.2021.

In view of the final settlement arrived at

Patna High Court CR. MISC. No.73207 of 2019(7) dt.30-11-2021 3/3 between the parties, there shall be no reason for this Court not to allow the anticipatory bail petition of the petitioner.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Araria in connection with Complaint Case No. 214C of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T