Patna High CourtCR. MISC./16199/2023bail granted

Md. Jahangir Khan @ Jahangir @ Jahagir v. The State Of Bihar

2024-04-16Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16199 of 2023 Arising Out of PS. Case No.-360 Year-2020 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== MD. JAHANGIR KHAN @ JAHANGIR @ JAHAGIR Son of Mustaque Ahmad Khan Resident of J/35/43, A4A Nakhighat, P.S.- Jaitpura, Varanasi, District - Varanasi (U.P.).

... ... Petitioner/s

Versus

The State of Bihar 2.

Tajmin Khanam Wife of Md. Jahangir Khan @ Jahangir @ Jahagir Resident of Mohalla - Neem Kale Khan (Pathan Toli), P.S.- Sasaram, District - Rohtas.

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

For the Petitioner/s :

Mr. Mithilesh Kumar Singh, Advocate For the State :

Ms. Pushpa Sinha1, A.P.P.

For the O.P. No. 2 :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-04-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. No one appears on behalf of the opposite party no. 2.

3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 406, 323, 341 and 379 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

4. Learned counsel for the petitioner submits that the matter was referred for mediation and the dispute in between the petitioner and the opposite party no. 2 stands resolved as such the mediation proceeding is successful. It is further submitted

Patna High Court CR. MISC. No.16199 of 2023(4) dt.16-04-2024 2/3 that the dispute stands resolved by way of one time settlement of Rs.2,00,000/- which the petitioner has to pay to the opposite party no. 2. It is next submitted that petitioner has also paid an amount of Rs.1,00,000/- to the opposite party no. 2 and the rest amount is to be paid by the petitioner to the opposite party no. 2 before obtaining divorce. It is also submitted that petitioner will abide by the terms of the compromise in terms of the settlement arrived at in between the parties on 01.04.2024 before the learned Mediator.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 360 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. It is made clear that the opposite party no. 2 shall

Patna High Court CR. MISC. No.16199 of 2023(4) dt.16-04-2024 3/3 be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner if the petitioner does not abide by the terms of the agreement in between the parties as entered on 01.04.2024.

(Satyavrat Verma, J) Kundan/- U T