Rustam Khan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9450 of 2017 Arising Out of PS.Case No. -161 Year- 2015 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ======================================================

1. Rustam Khan Son of Sarfuddin Khan Resident of Village- Tarar, Police Station- Daud Nagar, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sabnam Khatoon Wife of Rustam khan, D/o Kalam Khan Resident of Village+Post Office- Tarar, Police Station- Daud Nagar, DistrictAurangabad. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with complaint case no. 161 of 2015 registered for the offences punishable under Sections 323, 379, 498(A), 504 of Indian Penal Code.

It appears that the present matter was referred for mediation and the learned Mediator has submitted the report dated 21.12.2017 whereby and whereunder, the matter is said to have been resolved between the husband and wife amicably. The terms and conditions on which the matter has been resolved have been

Patna High Court Cr.Misc. No.9450 of 2017 (7) dt.31-01-2018 2/2 annexed to the report of the learned Mediator. Having regard to the fact that the matter has already been resolved between the petitioner and his wife, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Daud Nagar, Aurangabad in connection with complaint case no. 161 of 2015 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

It is further directed that in case of any breach of terms and conditions of settlement arrived at between the parties, the opposite party no. 2 shall be free to move this Court for cancellation of bail of the petitioner.