Afzal Imam Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20080 of 2019 Arising Out of PS. Case No.-7 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Afzal Imam Ansari, Son of Karamutullah Ansari, Resident of Village - Ghusiyar, P.S.- Sangrampur, Distt - East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shagupta Praveen, D/o Md. Saifiullah, Resident of Village - Semra, P.S.- Turkauliya, Distt - East Champaran.

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2019 This is an application for grant of anticipatory bail in connection with Trial No. 2165 of 2018, arising out of Complaint Case No. C-7 of 2018, disclosing offences under Section 498A of the Indian Penal Code & Section 3⁄4 of Dowry Prohibition Act.

Case is under Section 498-A of the IPC.

On appearance of the opposite party no. 2, the matter was referred to the Patna High Court Mediation & Reconciliation Center, vide order dated 02.04.2019. The report of Mediator is available on record at Flag "E" 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

Patna High Court CR. MISC. No.20080 of 2019(3) dt.03-07-2019 2/3 disclosed that both the parties agreed to live separately and petitioner shall pay Rs.2,50,000/- to the opposite party no.2 and both the parties shall withdraw all the cases which ever they filed against each other. Further they will move for decree of divorce by mutual consent.

Learned counsel for the petitioner and learned counsel for the opposite party no.2 have admitted the aforesaid facts. Having heard both sides, considering the above facts and circumstances, as stated above, let the petitioner, above named, surrender before the learned court below by 11.07.2019 and on surrender, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Sub Divisional Judicial Magistrate, Sadar, East Champaran, Motihari, in connection with Complaint Case No. C-7 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with further condition that he shall abide by the conditions as mentioned in the memorandum of agreement.

It is also expected by both the parties that they will abide by the conditions mutually agreed upon them. Let a copy of Mediator's report along with terms of

Patna High Court CR. MISC. No.20080 of 2019(3) dt.03-07-2019 3/3 agreement be sent to the court concerned for needful. With the aforesaid observations, this application is allowed.

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