Md. Mahtab Alam @ Md. Mahtab v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14858 of 2017 Arising Out of PS.Case No. -1967 Year- 2015 Thana -COMPLAINT CASE District- BANKA ====================================================== Md. Mahtab Alam @ Md. Mahtab, Son of Md. Islam, Resident of VillageArkatta, Police Station- Barahat, District- Banka. .... .... Petitioner

Versus

1. The State of Bihar.

2. Bibi Ifat, Wife of Md. Mahtab Alam @ Md. Mahtab, Daughter of Md. Asad, Resident of Village- Nayadih, Police Station- Banka, DistrictBanka. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Md. Najmul Hodda, Advocate. For the State : Mr. Umeshnand Pandit, A.P.P. For the O.P. No. 2 : M/S. Sanjay Kumar Jha and Satyaveer, Advocates.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-01-2018 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A) of the IPC and 4 of the D. P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. Vide order dated 07.07.2017, the matter was referred

Patna High Court Cr.Misc. No.14858 of 2017 (7) dt.08-01-2018 2/3 to the Mediation Centre. As per the report of the Mediator, the mediation has failed.

A joint prayer has been made by both the parties that with intervention of well wishers, the matter has been settled between the parties.

Learned counsel for the petitioner is handing over Cheques No. 270370, 270371 and 270372 dated 06.01.2018 total of Rs. 3,00,000/-(Three Lacs Only) each Cheque of Rs.1,00,000 (Rupees One Lac) to opposite party no. 2. The opposite party no. 2 as per the submissions will have to make an application in respect to all the criminal and maintenance cases relating to the Family Court for withdrawing the same with mutual consent. The said exercise shall be carried out once the payment of amount in question is received in the Bank Account of the opposite party no. 2.

Considering the fact that since the matter has been settled between the parties, let the petitioner above named, in the event of 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.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Banka, in connection with Complaint Case No. 1967 of

Patna High Court Cr.Misc. No.14858 of 2017 (7) dt.08-01-2018 3/3 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T