Md. Allauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22080 of 2019 Arising Out of PS. Case No.-91 Year-2017 Thana- MAHILA P.S. District- Madhubani ====================================================== MD. ALLAUDDIN Son of Islammuddin Resident of Village - Rewari, Police Station - Jhanjharpur, District - Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Khruseda Khatoon Daughter of Phul Hasan Resident of Village - Chaura Maharail, P.S.- Jhanjharpur, District - Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-10-2021 Heard learned counsel for the petitioner and the State through virtual mode.

The present application is pending since 2019. By order dated 08-07-2019, the matter was referred to the Patna High Court Mediation Centre.

From perusal of the office note dated 18-09-2021, it appears that an information was made to the office by the Patna High Court Mediation Centre stating that the mediation has not yet been concluded.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is husband of the victim. The petitioner has

Patna High Court CR. MISC. No.22080 of 2019(4) dt.22-10-2021 2/2 relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the provisional anticipatory bail granted to the petitioner by order dated 08-04-2019 is, hereby, confirmed.

Since the matter was earlier referred to the Patna High Court Mediatilon Centre, a joint prayer has been made on behalf of the counsel for the petitioner and the counsel appearing for O.P. No. 2 that the matter be taken up by the District Mediation Centre so that the matter could be resolved and the settlement be arrived at between the parties. In case, such an application is filed by either of the parties for referring the matter to the District Mediation Centre, the court below shall take all necessary steps to refer the matter to the District Mediation Centre. The District Mediation Centre shall look into the matter and take necessary steps for resolving the dispute between the parties by way of one time settlement or reconciliation. (Sudhir Singh, J) A.K.V.//- U T