Md. Mashkoor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8358 of 2026 Arising Out of PS. Case No.-345 Year-2025 Thana- JOKIHAT District- Araria ====================================================== Md. Mashkoor Alam S/o Late Hazi Nuruddin R/o vill - Barhat, ward no. 2, P.S.- Palasi, Distt.- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Tarnnum Jahan D/o Late Daud Alam R/o vill - Thapkol, ward no. 12, P.S.- Jokihat, Distt.- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Ramesh Chandra, App.

For the O.P. No. 2 :

Mr. Kumar Uday Bhan Roy, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-05-2026

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Jokihat P.S. Case No. 345 of 2025 for the offences punishable under Sections 126(2), 115(2), 64(2)(f), 68(a), 352, 351(3), 3(5) of the BNS, 2023.

3. The prosecution case, in brief, is that the informant, who has been married to the petitioner for about 16 years, was subjected to unnatural sexual acts and criminal intimidation by her husband. It is further alleged that upon disclosure of such acts to her in-laws, they abetted the conduct by abusing and coercing her to submit to the petitioner's demands, with threats

Patna High Court CR. MISC. No.8358 of 2026(3) dt.06-05-2026 2/3 of being driven out from the matrimonial home in case of noncompliance.

4. Learned counsel for the petitioner submits that the petitioner is the husband of the O.P. No. 2 and earlier the present matter was referred to the Patna High Court Mediation Centre by a co-ordinate Bench of this Court vide order dated 17.02.2026. Learned counsel next submits that the mediation has been successful and both the parties have resolved their disputes through process of mediation in accordance with the terms of settlement, mutually arrived at by the parties, having been recorded in the mediation report, dated 03.04.2026, passed in Mediation Proceeding No. 332 of 2026.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties have come to an amicable settlement and terms and conditions of the settlement has been jointly signed by both the parties, I am inclined to grant the petitioner privilege of anticipatory bail, subject to the condition that the petitioner shall abide by the terms and conditions of the settlement.

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

Patna High Court CR. MISC. No.8358 of 2026(3) dt.06-05-2026 3/3 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 Chief Judicial Magistrate, Araria, in connection with Jokihat P.S. Case No. 345 of 2025, subject to the condition laid down under Section 482

(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Sinha, J) HarshPandey/- U T