Md. Anwar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26719 of 2014 Arising Out of PS.Case No. -52 Year- 2014 Thana -BAKHTIYARPUR District- SAHARSA =========================================================== Md. Anwar, son of Md. Abbash resident of Village - Hamidpur, P.S. - Bakhtiyarpur, District - Saharsa.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Bibi Sabnam @ Farhana Khatoon, wife of Md. Anwar, resident of Village - Hamidpur, P.S. - Bakhtiyarpur, District - Saharsa. .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s :
Mr.
For the Opposite Party/s :
Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 06-04-2016 Heard learned counsel for the parties.
Pursuant to order dated 03.02.2016, the matter was sent to the Mediation Centre. The learned Mediator has submitted a report dated 29.03.2016 with which he has annexed an agreement of the same day between the parties i.e., the petitioner and the Opposite Party No. 2.
As per terms of the agreement, the matter has been settled on a total consideration amount of Rs. 1,50,000/- to be paid by the petitioner. However, as per the break-up, Rs. 50,000/- has to be deposited within two months in the bank account of the daughter of the parties, namely, Rabia Basari in which the name of Opposite Party No. 2 shall be there as guardian, since she is minor. Thereafter, further
2/4 Rs. 50,000/- shall be deposited in favour of the Opposite Party No. 2 in her bank account within one year. It has further been agreed that the petitioner shall keep on depositing Rs. 2000/- per month in the bank account of his daughter Rabia Basari till the amount reaches Rs. 50,000/- i.e., in 25 monthly instalments. On completion of payment of the total consideration amount of Rs. 1,50,000/-, it has been agreed that the same shall be in the form of alimony covering the past, present and future and thereafter, the litigation between the parties pending before the court shall be disposed off for which Opposite Party No. 2 shall have no objection, but till the time the entire amount is not cleared, the cases shall remain pending. The parties have also agreed that there shall be no relationship, either marital or social, between them and they shall be free to lead their lives independently.
It has further been written in the agreement that the parties have read the matter and the same has also been read over to them which they have understood and they have appended their signatures along with the signatures of their learned counsel. For the purpose of convenience the entire scanned version of the agreement dated 29.03.2016 is reproduced hereinbelow:
3/4 In view of the aforesaid, the application stands disposed off with a direction to the petitioner to comply with the terms of agreement between them dated 29.03.2016 as per the time frame indicated therein. At every stage, the petitioner shall file an affidavit before the court below indicating that he has complied with the said agreement. At the end of the time frame fixed in the agreement and
4/4 upon payment of the entire consideration amount of Rs. 1,50,000/- in terms of the said agreement, the court below shall confirm the provisional bail granted to the petitioner.
In the event the petitioner defaults in payment as per the schedule of the agreement, the bail bonds of the petitioner shall be cancelled and he shall be taken into custody and it would be deemed that his prayer for bail has been rejected by this Court. (Ahsanuddin Amanullah, J) Sujit/- U