Md. Irfan v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14398 of 2019 Arising Out of PS. Case No.-200 Year-2018 Thana- GOPALPUR District- Bhagalpur ====================================================== MD. IRFAN, Son of Late Sakil Ahmad @ Late Sakiludin Resident of Village - Rampur, P.O. Bhatouli, P.S.- Purnea, Distt - Purnea. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Samsum Ara D/o Shekh Sagir Resident of Village - Rangra, P.S.- Rangra, Distt - Bhagalpur.

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2019 This is an application for grant of anticipatory bail in connection with Gopalpur (Rangra) P.S. Case No. 200 of 2018, disclosing offence under Section 498A of the Indian Penal Code.

Case is under Section 498-A of the IPC.

On appearance of the opposite party no. 2, the matter was referred to the District Mediation Center, Bhagalpur, vide order dated 24.06.2019. The report of Mediator is available on record at Flag "C" which disclosed that the dispute between the parties has been resolved and the terms of settlement mutually agreed upon them, which is attached with the mediator's report. The Mediator's report disclosed that both the parties are ready

Patna High Court CR. MISC. No.14398 of 2019(5) dt.28-08-2019 2/3 to one time settlement for a sum of Rs. 3,60,000/-. Both the parties have admitted the above said position. Submission of learned counsel for the petitioner is that he is ready to give the bank draft in the name of opposite party no.2 whenever the court directs, however the difficulty is that she does not have any bank account.

Learned counsel for the opposite party no.2 is directed to supply the account number of the opposite party no.2 within a period of ten days to the learned counsel for the petitioner. Thereafter, the learned counsel for the petitioner will get a bank draft prepared through the petitioner and he will deposit the same in the court below on 24.09.2019 and on that day, the opposite party no.2 shall remain present in the court. It is also made clear that the above said bank draft will be handed over to the wife of the petitioner, i.e., opposite party no.2 in presence of the learned Presiding Officer in the Court. Once the bank draft has been deposited to the opposite party no.2, the provisional bail granted to the petitioner, vide order dated 08.03.2019 shall be confirmed.

As both the parties have amicably settled the dispute, as such, it is expected that both the parties will not pursue any further case against each other.

Patna High Court CR. MISC. No.14398 of 2019(5) dt.28-08-2019 3/3 With the aforesaid observations, this application is disposed of.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T