Patna High Court
Meraj Ansari vs The State Of Bihar on 23 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31754 of 2020
Arising Out of PS. Case No.-1272 Year-2019 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
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Meraj Ansari (M), aged about 31 years, Son of Late Md. Ghulam Jafar,
Village - Kuawaa, P.O.- Kuawaa, P.S.- Chakia, District - East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Gulshan Zareena, Wife of Md. Meraj Ansari, Daughter of Md. Yunus Ansari,
Resident of Village - Dumarbana, P.O.- Pakridayal, P.S.- Pakridayla, District
- East Champaran
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Asif Kalim, Advocate
For the State : Mr. Arun Kumar Singh No. 5, APP
For the OP No. 2 : Mr. Umesh Chandra Verma, Advocate
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 23-03-2021
Heard Mr. Asif Kalim, learned counsel for the
petitioner; Mr. Arun Kumar Singh No. 5, learned Additional
Public Prosecutor (hereinafter referred to as the 'APP') for the
State and Mr. Umesh Chandra Verma, learned counsel for the
opposite party no. 2.
2. The petitioner, who is the husband of opposite party
no. 2, apprehends arrest in connection with Complaint Case No.
1272 of 2019 dated 14.06.2019 instituted under Sections
498A/120B of the Indian Penal Code and 3/4 of the Dowry
Prohibition Act, 1961.
3. The allegation against the petitioner is that after
Patna High Court CR. MISC. No.31754 of 2020 dt.23-03-2021
marriage, though the petitioner had been given cash of Rs.
3,50,000/-, jewellery, clothes and other articles worth Rs.
4,00,000/-, after bidagiri the petitioner and his family members
had started taunting and misbehaving with her due to non-
fulfilment of further demand of Rs. 50,000/- and finally it is
alleged that she was administered drug with the intention to kill
her and burn her but upon cry being raised, neighbours had
come and saved her and then she came to her parents' house.
4. Learned counsel for the petitioner submitted that
though earlier the Court had made an attempt and directed for
an exercise by which the petitioner was to go to the house of
opposite party no. 2 and take her to the matrimonial home on 7 th
March, 2021, but when he went there, the opposite party no. 2
and her family were not ready for the opposite party no. 2 to go
to the house of the petitioner due to which a panchayati was
held and settlement was arrived between the parties. It was
submitted that in terms of the settlement, Rs. 3,00,000/- was to
be paid to the opposite party no. 2. It was further submitted that
the petitioner has paid Rs. 3,00,000/- to the panches by way of
guarantee and the same would be taken back by the petitioner
and a demand draft for Rs. 3,00,000/- would be prepared in the
name of the opposite party no. 2 and deposited before the Court
Patna High Court CR. MISC. No.31754 of 2020 dt.23-03-2021
below latest by 12th April, 2021.
5. On doing so, the Court shall fix the date in the case
as 20th April, 2021. On that day, the petitioner as well as the
opposite party no. 2 shall be present in Court. The Court shall
record the statement of the opposite party no. 2 with regard to
her having compromised the matter in lieu of Rs. 3,00,000/- as a
one-time full and final settlement between them and that she has
no grievance against the petitioner and would not pursue the
complaint case. The demand draft shall then be handed over to
the opposite party no. 2. The Court shall thereafter pass
appropriate orders latest by 5th May, 2021.
6. Learned counsel for the opposite party no. 2 assures
that even the separate maintenance case which she has filed, she
will file a petition for withdrawing the same, within two weeks
of receiving the demand draft of Rs. 3,00,000/-. The concerned
Court shall pass appropriate orders thereupon latest within 15
days of filing such petition by the opposite party no. 2.
7. On 20th April, 2021, upon the exercise of recording
the statement of the opposite party no. 2 and the demand draft
for Rs. 3,00,000/- being handed over to her, having been
completed, the petitioner shall be released on bail upon
furnishing bail bonds of Rs. 25,000/- (twenty five thousand)
Patna High Court CR. MISC. No.31754 of 2020 dt.23-03-2021
with two sureties of the like amount each to the satisfaction of
the learned Sub-Divisional Magistrate, Sadar Motihari, District
East Champaran in Complaint Case No. 1272 of 2019, subject
to the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973.
8. However, in the event of such exercise not having
been completed by the petitioner by 20th April, 2021, the present
application shall be deemed to have been dismissed.
9. Till 20th April, 2021, no coercive steps shall be taken
against the petitioner in connection with Complaint Case No.
1272 of 2019 pending before the learned Sub-Divisional
Magistrate, Sadar Motihari, District East Champaran.
10. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR
U
T
