Disposed

Haider Ali v. The State of Bihar

Patna HC11 Aug 2021CR. MISC./13480/2020

Case brief

AI extract

What is this about?

An order permitting the petitioner to withdraw his anticipatory bail application. The High Court accorded permission to withdraw the application filed to prevent arrest in connection with offences under Sections 498A, 341, 323/34 IPC, given a compromise was reached and the informant no longer wants to pursue the case.

What did the court decide?

Permission was accorded to the petitioner to withdraw the anticipatory bail application.

Haider Ali Vs The State of Bihar — Anticipatory Bail | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13480 of 2020

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Arising Out of PS. Case No.-278 Year-2019 Thana- DARIYAPUR District- Saran

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======================================================

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HAIDER ALI, aged about 30 years, Male, S/o Shabuddin, Resident of Village-Malhichak, P.S.-Dariyapur, District-Saran.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

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====================================================== Appearance : For the Petitioner : Mr. Shashi Shekhar Tiwary, Advocate. For the Opposite Party : Mr. Manoj Kumar, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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3 11-08-2021 Heard learned counsel for the petitioner and learned

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A.P.P. for the State through Virtual mode.

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The petitioner is apprehending his arrest in connection with Dariyapur P.S. Case No. 278 of 2019 for the offence registered under Sections 498(A), 341, 323/34 of the I.P.C. and ¾ of the D.P. Act.

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The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry.

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A supplementary affidavit has been filed on behalf of the petitioner enclosing compromise petition as one time amicable settlement has been arrived at between the parties.

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In light of the terms and conditions of the said agreement entered into the parties, the petitioner and the

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Patna High Court CR. MISC. No.13480 of 2020(3) dt.11-08-2021 2/3

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informant does not want to pursue the present case.

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The following are the terms and conditions of

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amicable settlement:-

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“2. That it being respectfully submitted that during the pendency of the present case under the advise and initiative so taken by the family, friends and the well-wishers of the petitioner as well as the opposite party no. 2 both of them entered into a compromise on 19.08.2020 with the categorical averment/ declaration /undertaking that:

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(i) Both of them are not interested in pursuing the case in hand further, after execution of the present compromise in question.

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(ii) The articles so taken during the course of marriage will be/has been refunded to each other.

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(iii) Both of them are liable to solemnize their respective marriages independently etc.

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(3) That the said compromise petition has already been filed before the Learned Court Below arising out of Dariapur P.S.Case No. 278/2019 to do the needful, accordingly.

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(4) That the petitioner has sufficient owner for the Rule of Law as well as the majesty of this Hon’ble Court and as such has innocently/accordingly preferring this affidavit to ensure substantial justice/for proper dispensation of justice accordingly.”

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Considering the aforesaid facts and circumstances,

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learned counsel for the petitioner seeks permission to withdraw the present anticipatory bail application filed on behalf of the petitioner in connection with Dariyapur P.S. Case No. 278/2019,

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Patna High Court CR. MISC. No.13480 of 2020(3) dt.11-08-2021 3/3

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pending in the court of learned Chief Judicial Magistrate, Saran

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at Chapra.

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Permission is accorded.

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Accordingly, the present anticipatory bail application

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filed on behalf of the petitioner is dismissed as withdrawn.

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(Sudhir Singh, J)

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U.K./- U T

Haider Ali v. The State of Bihar

Case brief

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What did the court decide?

Haider Ali v. The State of Bihar

Case brief

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