Azizur Rahman @ Bachchu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17232 of 2017 Arising Out of PS.Case No. -511 Year- 2013 Thana -CIVIL LINE District- GAYA ====================================================== Azizur Rahman @ Bachchu, Son of Late Asgar Ali, Resident of Village Lakhe, P.S. Muffasil, District- Hazaribagh (Jharkhand). .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sheikh Arkan Ahmad For the Opposite Party/s : Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Civil Line P.S. Case no. 511 of 2013, registered under Section 498(A)/ 34 of the Indian Penal Code and Section 3/4 Dowry Prohibition Act. Learned counsel for the petitioner, in presence of learned counsel appearing on behalf of O.P. No.2, submits that on the joint prayer of the parties the matter was referred to Mediation Centre, Patna High Court, Patna for settlement of dispute between the parties, who are husband and wife. The petitioner and O.P. No.2 have settled their dispute in terms of the agreement as detailed in agreement dated 28.11.2017, which is the part of the Mediator's Report dated 04.12.2017 and accordingly, both decided to live separately on payment of Rs. 80,000/- (Rs. Eighty Thousand) by the petitioner to

Patna High Court Cr.Misc. No.17232 of 2017 (3) dt.06-12-2017 2/2 O.P. No.2. The petitioner has paid Rs. 80,000/- to O.P. No.2. Learned counsel appearing on behalf of O.P. No.2 submits that petitioner and O.P. No.2 have settled their dispute in terms of the agreement and both have decided to live separately on payment of Rs. 80,000/- by the petitioner to O.P. No.2. The petitioner handed over cheque of Rs. 80,000/- to O.P. No.2, but the same has not been credited in the account of O.P. No.2.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four 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 the Chief Judicial Magistrate, Gaya in connection with Civil Line P.S. Case No. 511 of 2013, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T