Majhar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31074 of 2024 Arising Out of PS. Case No.-31 Year-2022 Thana- COMPLAINT CASE District- Kishanganj ====================================================== Majhar Alam S/o Late Majid R/o vill - Durgapur, P.S. - Kochadhaman, Distt. - Kishanganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Varjina Khatoon W/o Majhar Alam R/o vill - Durgapur, P.S. - Kochadhaman, Distt. - Kishanganj, Presently Residing at D/o Md. Wasil, Vill - Bhadesar, P.S. - Bahadurganj, Distt. - Kishanganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Mritunjay Kumar, Advocate For the State :

Mr. Pradeep Narain Kumar, APP For Opposite Party No.2 :

Mr. Amal Kr. Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-08-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 323, 341, 420, 379, 498A and 120B of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. At the outset, learned counsel appearing on behalf of the petitioner submits that the dispute between the parties has been settled through process of mediation. The terms of settlement mutually agreed upon by the parties and the same is kept at 'Flag-A'.

4. Learned counsel for the complainant/Opposite Party No. 2 does not dispute the aforesaid contentions.

Patna High Court CR. MISC. No.31074 of 2024(3) dt.07-08-2024 2/2

5. Considering the fact that dispute between the parties has already been resolved through the process of mediation, the prayer for grant of anticipatory bail to the petitioner is allowed.

6. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Kishanganj, in connection with Complaint Case No. 31 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that the petitioner shall abide by all the terms & conditions, mentioned in Memorandum of Agreement dated 23.07.2024 annexed with the Mediator's report (flag 'A'), failing which, learned Court below shall be at liberty to cancel the bail-bond of the petitioner.

(Prabhat Kumar Singh, J) shashank/- U T