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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48996 of 2022 Arising Out of PS. Case No.-843 Year-2019 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Md. Sabir Alam @ Sabir Alam Son Of Md. Sajjad Aalam R/O Village- Darbhangia Tola, Ward No.-12, P.S.- Forbisganj, District- Araria ... ... Petitioner Versus
1. The State Of Bihar
2. Salma Khtoon D/O Nasir Ahamad, W/O Md. Sabir Alam @ Sabir Alam R/O Village- Darbhangia Tola, Forbisganj, District- Araria At Present R/O Mohalla- Santunagar, Ward No.-2, Madhubani, P.S. And District- Madhubani ... ... Opposite Parties ====================================================== Appearance : For the Petitioner : Mr.Gopal Kumar Jha, Advocate For the Opposite Partys : Mr.Ajay Kumar No. 2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 09-01-2025 Heard learned counsel for the petitioner and the State. Nobody appears for opposite party no.2 inspite of valid service of notice.
2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 341, 323, 504, 379/498A of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act.
3. Learned counsel for the petitioner submits that both parties have resolved and settled their dispute. Petitioner has divorced opposite party no.2 vide talaknama dated 24.2.2019 (annexure 2 to the bail petition). Matrimonial case no.5/2018 against opposite party no.2 before the Family Court,
Patna High Court CR. MISC. No.48996 of 2022(3) dt.09-01-2025 2/2 Araria has also been withdrawn on 30.7.2019 on the basis of said talaknama. Order in this regard is contained in annexure 3.
4. Learned counsel for the State does not controvert the aforesaid facts.
5. Considering the facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Madhubani in CR No. 843 of 2019 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as in terms of settlement.
shashi/- (Prabhat Kumar Singh, J) U T