Saif Ali @ Md. Saif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3367 of 2025 Arising Out of PS. Case No.-1435 Year-2021 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Saif Ali @ Md. Saif S/o Sagir Alam R/o Vill - Bihari, P.S. - Bhagwanpur, District- vaishali at present- Dip City, Pavi Sadakpur loni, P.S.-Tronika City, District- Ghaziabad, U.P.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Raushan Khatoon W/o Saif Ali R/o Mohalla - Dip City, Pavi Sadakpur Loni, P.S. - Tronika, Distt.- Ghaziabad, U.P., At present Vill - Agarpur, ward no. 10, P.S. - Lalganj, Distt.- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Singh Ms. Shyamali Kumari For the State :

Ms. Shaheen Begum For Opposite Party No. 2:

Mr. Sachin Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-05-2025

1. Heard learned Counsel for the petitioner, learned Counsel for the complainant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Complaint Case No. 1435 of 2021, in which cognizance has been taken for the offence punishable under Section 498-A of the Indian Penal Code.

3. The allegation against the petitioner is of torture, physically and mentally, due to non-fulfillment of demand of dowry.

Patna High Court CR. MISC. No.3367 of 2025(3) dt.09-05-2025 2/3

4. By order, dated 15.02.2025, the matter was referred for mediation by this Court and the learned Mediator has submitted a report, dated 24.04.2025, stating therein that the petitioner and the Opposite Party No. 2, i.e. husband and wife, have amicably settled their dispute and have agreed to live together on following two conditions, mentioned in the report of the learned Mediator.

1. The complainant (Opposite Party No. 2) shall withdraw the instant case, i.e. Vaishali Complaint Case No. 1435/21 from the concerned court within 6 months from today.

2. The petitioner shall take the custody of Opposite Party No. 2 and their minor son from today itself and further take them to his respective place from Mediation Centre.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the dispute between the petitioner and the Opposite Party No. 2 has been settled in the mediation, I am inclined to grant the petitioner privilege of anticipatory bail, subject to the condition that the parties shall abide by the terms and conditions of the agreement.

Patna High Court CR. MISC. No.3367 of 2025(3) dt.09-05-2025 3/3

6. This application is, accordingly, allowed.

7. 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 bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Chief Judicial Magistrate, Vaishali, at Hajipur, in connection with Complaint Case No. 1435 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √