Jasmuddin Alam @ Munna @ Md. Jasmudin v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16600 of 2016 Arising Out of PS.Case No. -166 Year- 2015 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jasmuddin Alam @ Munna @ Md. Jasmudin Son of Md. Taiyab resident of villge- Satpurva, Police Station Bairgania, District Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Momtara Begum daughter of Md. Sagir resident of Jhitkahi, Police Station- Dhaka ,O.P. Pachpakari, District East Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 01-08-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 341, 498A and 504 of the Indian Penal Code. The basic accusation is of torture.

Patna High Court Cr.Misc. No.16600 of 2016 (3) dt.01-08-2016 2/3 On the joint prayer of the parties the matter was referred to the Mediation Centre vide order dated 18.04.2016. It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant and the issue has been resolved between the parties and now both are residing together.

The report of the Mediator dated 13.07.2016 at Flag 'A' reflects that the issue has been resolved between the parties.

Though, the counsel for the complainant submits that at present he has no instruction, but keeping in view of the report of the Mediator and submission of learned counsel for the petitioner, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran, Motihari in connection with Complaint Case No. C-1-166 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court Cr.Misc. No.16600 of 2016 (3) dt.01-08-2016 3/3 Let the report of the Mediator and the terms of agreement be transmitted to the learned court below along with the order of this Court.

DKS/ (Dinesh Kumar Singh, J.) U T