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Meraj Ansari vs The State Of Bihar on 23 March, 2021

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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

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

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

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
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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
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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
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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

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