Samiullah @ Md. Samiullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30326 of 2019 Arising Out of PS. Case No.-368 Year-2018 Thana- RAXAUL District- East Champaran ====================================================== SAMIULLAH @ MD. SAMIULLAH Son of Subhan Mian Resident of Village- Bagha, Pawaria Tola, Police Station- Bagha, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Khushbu Khatoon Wife of Samiullah, Daughter of Md. Alaudin Resident of Village- Bagha, Pawaria Tola, Police Station- Bagha, District- West Champaran at present resides of Village- Raxaul Dankan, Sundarpur Road, Police Station- Raxaul, District- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lalan Kumar Verma For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 03-02-2020 Vide order dated 13.09.2019 this matter was sent for mediation and thereafter vide order dated 07.11.2019 the time for concluding the mediation proceedings was extended for further four weeks.

The mediation report has been received and is at Flag -B. Perusal of the report shows that on principle parties agreed to settle the dispute, but due to paucity of time, the matter was remitted back to this Court.

A joint petition has been filed on behalf of the parties that parties agreed to settle the dispute on payment of Rs. 3,00,000/- to the informant. It is further stated in the joint petition that out of the aforesaid amount Rs. 1,50,000/- was paid vide demand draft no. 704195000013000 dated 09.12.2019.

Patna High Court CR. MISC. No.30326 of 2019(5) dt.03-02-2020 2/2 Today, learned counsel appearing for the petitioner has handed over draft no. 70419900001300 amounting to Rs. 1,50,000/- to the learned counsel appearing for the opposite party no.2. In this regard, learned counsel for the opposite party no. 2 has made necessary endorsement in the record of the Court.

Learned counsel appearing for the parties submit that now there remains no claim between the parties and the matter stands settled.

In view of the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Raxaul, East Champaran at Motihari in connection with Raxaul P.S. Case No. 368 of 2019 arising out of Complaint Case No. 49 of 2018 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T