Md. Sohaib Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26901 of 2019 Arising Out of PS. Case No.-22 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== MD. SOHAIB ALAM S/o Marhum Mahboob Alam R/o village- Deodharpur, Tekari, P.S.- Tekari, District- Gaya ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Tarannum Praveen W/o Md. Sohaib Alam, D/o Late Md. Samim Ahmad Resident of Raja Bazar Samanpura Malic Tola, Medina Gali, P.S.- Shastringar, Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Girish Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 22[C] of 2017, disclosing offences under Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Petitioner happens to be husband of the complainant and allegation against the petitioner is of subjecting the complainant to cruelty and torture with respect to non fulfilment of demand of dowry and also ousted from the house and further allegation is that petitioner has remarried with another lady. It appears that on appearance of opposite party no. 2, the matter was referred to Patna High Court Mediation and Conciliation Center, Patna and the report of learned Mediator is

Patna High Court CR. MISC. No.26901 of 2019(4) dt.11-09-2019 2/3 available on record, from which, it appears that the dispute between the parties have been resolved through the process of mediation and both the parties are ready to reside together with certain conditions and petitioner further agreed to get the complainant to his service place after four to five months. Both the parties have appeared and they have admitted the factum of settlement of dispute between the parties. Heard learned A.P.P. also.

In such view of the matter, this application is disposed of with direction to the petitioner to surrender in the court below within two weeks from the date of receipt of this order, on which, the court below shall release him on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of like amount each to satisfaction of learned SDJM, Patna subject to the condition as laid down under Section 438(2) Cr.P.C.

It is further subject to the condition that the petitioner will abide by the terms of memorandum of agreement, otherwise, opposite party no. 2 will be at liberty to move for cancellation of bail bonds of the petitioner. At the same time, opposite party no. 2 is also expected to abide by the terms and condition mutually agreed between them.

Patna High Court CR. MISC. No.26901 of 2019(4) dt.11-09-2019 3/3 Let a copy of the mediator's report as well as copy of memorandum of agreement be sent to the concerned court below.

(Vinod Kumar Sinha, J) sunilkumar/- U T