Abdul Khalik @ Abdul Khalique v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28174 of 2024 Arising Out of PS. Case No.-118 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== Abdul Khalik @ Abdul Khalique S/o Ataullah Kadri R/o vill - Dumri, P.s. - Khodawandpur (O.P. Chhorahi), Distt.- Begusarai ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Amina Khatoon W/o Abdul Khalik @ Abdul Khalique, D/o Md. Aurangzeb R/o vill - Dumri, P.S. - Khodawandpur (O.P. Chhorahi), Distt. - Begusarai ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Md. Hussamuddin Azad For the Opposite Party/s :
Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 22-04-2025
1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in connection with Khodawandpur P.S. Case no.118 of 2019 registered under Sections 498A, 406 and 413 of the Indian Penal Code.
3. As per the prosecution case, the informant states that her marriage was solemnized with the petitioner in the year 2015. After some years of marriage, all accused persons including the petitioner herein started to assault her mentally and physically on account of non-fulfillment of demand of dowry and ultimately ousted her from matrimonial house.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.28174 of 2024(7) dt.22-04-2025 2/3 earlier vide order dated 17.01.2025, the matter was sent to the Patna High Court, Mediation Center for reaching settlement between the parties and a report of the Mediation Center is available on the record.
5. A perusal of the same would go to show that memorandum of agreement has been reached between the parties in the Mediation Proceeding No. 125 of 2025 dated 20.03.2025. It clearly shows that the petitioner has agreed to keep his wife with full dignity and honour and the opposite party no. 2 has also agreed to live with her husband. Hence, no dispute remains between them.
6. The application for anticipatory bail is opposed by learned A.P.P. for the State. However, learned counsel for the informant has not objection to the same.
7. In such view of the matter and also taking into consideration the mediation report of settlement between the parties, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Khodawandpur P.S. Case no.118 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.28174 of 2024(7) dt.22-04-2025 3/3 learned A.C.J.M, Manjhaul, Dist- Begusarai, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.
8. It is, however, expected that the parties would abide by the terms and conditions of the settlement. (Soni Shrivastava, J) Harsh/- U T