Md. Saddab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13795 of 2024 Arising Out of PS. Case No.-298 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Md. Saddab Alam S/O Md. Manzar Alam R/O Madhaul, P.O- Madhaul, P.SSaraiya, Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Shahina Perween D/O Md. Shahabuddin R/O Village- Raksha, P.O- Raksha, P.S- Karza, Distt.- Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Takshin Nayyar Siddiqui Mr. Shubhankar Raj Ms. Sneha Ranjan For the Opposite Party/s :

Mr.Dr. Ajeet Kumar Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-08-2024 Heard learned counsel for the petitioner, State and complainant / opposite party no. 2.

2. The petitioner, husband of opposite party no. 2, apprehends his arrest in a complaint case punishable for the offence under Section 498(A) of the Indian Penal Code.

3. At the outset, learned counsel for both the parties submit that the dispute between the parties has been resolved amicably through the process of mediation and both parties have agreed to live separately and for this, the petitioner offered to pay Rs. 1,00,000/- (Rupees one lac), as full and final settlement amount to opposite party no. 2 and opposite party no. 2 has accepted the offer and gave her consent, as per Memorandum of Agreement dated 02.08.2024 attached with Mediation Report at

Patna High Court CR. MISC. No.13795 of 2024(4) dt.06-08-2024 2/2 flag 'M'.

4. Here, it is relevant to mention that earlier, vide order dated 09.05.2024, with consent of the parties, the matter was referred to Mediation & Conciliation Centre of Patna High Court to explore the possibility of settlement between the parties.

5. In view of aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the petitioner, as named above, be enlarged 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 S.D.J.M. West Muzaffarpur in connection with Complaint Case No. 298 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition to the petitioner shall abide by all the terms & conditions, mentioned in Memorandum of Agreement dated 02.08.2024 annexed with the Mediator's report (flag 'M'), failing which, learned Court below shall be at liberty to cancel the bail-bond of the petitioner.

(Prabhat Kumar Singh, J) anay U T