Md. Masoom @ Masoom @ Md. Mashum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8230 of 2020 Arising Out of PS. Case No.-353 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== MD. MASOOM @ MASOOM @ MD. MASHUM Son of Abdul Rauf Resident of Village- Kathmaliya, P.S.- Shikarganj (Chiraiya), District- East Champaran.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Shahina Khatoon Wife of Md. Masoom, D/o Kamre Alam At present Resident of Village- Chandan- Bara, P.S.- Dhaka, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Madhurendra Kumar, Advocate For the State :

Mr.Pradeep Narain Kumar, APP For opposite party No.2 :

Mr. Nafisuzzoha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2021 The present application has been filed on 05.02.2020. Vide order dated 28.02.2020, the matter was referred to the Mediation Centre, Patna High Court by a Co-ordinate Bench of this Court. As per the office note dated 09.06.2020, it has been reported that mediation report has not been received as yet. It has been pointed out on behalf of the petitioner that due to Covid-19 pandemic, the Mediation Centre, Patna High Court is not functioning and the present application has been pending for more than one and half years. Hence, Counsel for the petitioner submits that the application be heard on merit. Heard learned counsel for the petitioner, learned APP

Patna High Court CR. MISC. No.8230 of 2020(4) dt.29-10-2021 2/3 for the State and learned counsel for the opposite party No.2 through virtual mode.

The petitioner is apprehending his arrest in connection with Trial No.3441 of 2019 arising out of Complaint case No. C-353 of 2018 registered under Sections 498A, 34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State and learned counsel for the opposite party No.2, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender

Patna High Court CR. MISC. No.8230 of 2020(4) dt.29-10-2021 3/3 before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran at Motihari in connection with Trial No.3441 of 2019 arising out of Complaint case No. C-353 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement. In case, any such application is made by either of the parties, the court below shall refer the matter to the District Mediation Centre. (Sudhir Singh, J) Narendra/- U T