Asshif Khan @ Asif Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13981 of 2023 Arising Out of PS. Case No.-227 Year-2022 Thana- BASOPATTI District- Madhubani ====================================================== ASSHIF KHAN @ ASIF KHAN Son of Md. Abid Hussain R/o Birpur Balkatawa, P.S.- Basopatti, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Bidhu Ranjan For the Opposite Party/s :
Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-12-2023
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Basopatti PS Case No. 227 of 2022 dated 11.11.2022 registered under Section 323, 341, 379, 313, 498A, 504, 506 / 34 of the IPC and Section 3⁄4 of the Dowry Prohibition Act.
3. As per the First Information Report the marriage of the informant's daughter was solemnized with the petitioner on 02.03.2019 and subsequently thereafter accused persons started demanding Rs. 10 Lakh and a Four-Wheeler vehicle as dowry and due to non fulfillment of the demand they tortured the informant's daughter physically as well as mentally. During the pendency of this bail application the matter was referred for conciliation before the Patna High Court Mediation and Conciliation Centre. Both husband and wife appeared there and
Patna High Court CR. MISC. No.13981 of 2023(3) dt.13-12-2023 2/3 they have arrived at an amicable settlement before the learned Mediator and a written agreement was executed between them on 13.07.2023. The written agreement is duly signed by both husband and wife along with the lawyers appearing for both sides.
4. Learned counsel for the petitioner submits that petitioner shall abide by the terms and conditions of the agreement dated 13.07.2023 arrived at between the parties during the mediation proceeding.
5. Regard being had to the submissions made by the parties, taking into consideration the fact that both the parties have arrived at an amicable settlement and agreement has been executed between them and the petitioner is ready to abide by the terms of the agreement, as such, I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Shri S. Kushwaha, Judicial Magistrate, First Class, Madhubani in connection with Basopatti PS Case No. 227 of 2022 subject to
Patna High Court CR. MISC. No.13981 of 2023(3) dt.13-12-2023 3/3 the condition as laid down under Section 438 (2) of the Cr.P.C. with further condition that both the parties shall abide by the terms and conditions of the agreement.
(Anil Kumar Sinha, J) praful/- U T