Dilshad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34002 of 2024 Arising Out of PS. Case No.-815 Year-2023 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Dilshad Ali S/O Late Babar Ali R/O Village- Jangaliya, P.S- Gopalganj Town, Distt.- Gopalganj.

... ... Petitioner

Versus

1.

The State Of Bihar 2.

Saniya Khatoon W/O Dilshad Ali R/O Village- Jangaliya, P.S- Gopalganj Town, Distt.- Gopalganj. At Present D/O Amzad Ali R/O VillageKabilaspur, P.S- Thawe, Distt.- Gopalganj. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhangi Pandey, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP Mr. Zeyant Hoda / Mr. Sumit Shekhar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner, State and complainant / opposite party no. 2.

2. The petitioner, husband of opposite party no. 2, apprehends his arrest in a complaint case punishable for the offence under Section 498A of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act.

3. At the outset, learned counsel for both the parties submit that the dispute between the parties has been settled amicably through the process of mediation and both parties have agreed to live separately and dissolve the marriage.

4. Here, it is relevant to mention that earlier, with consent of the parties, the matter was referred to Mediation & Conciliation Centre of Patna High Court to explore the

Patna High Court CR. MISC. No.34002 of 2024(3) dt.11-09-2024 2/2 possibility of settlement between the parties, which has been resolved in terms of Memorandum of Agreement annexed with Mediator's report, kept at flag 'M'.

5. Considering the fact that dispute between the parties has been resolved, the prayer for anticipatory bail of petitioner is allowed.

6. Let the petitioner, as named above, in the event of arrest/surrender within a period of eight weeks from today, 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., Gopalganj in connection with Complaint Case No. 815 of 2023, Tr. No. 2278 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that petitioner shall abide by all the terms & conditions, mentioned in Memorandum of Agreement, failing which, learned Court below shall be at liberty to cancel the bail-bond of the petitioner.

(Prabhat Kumar Singh, J) anay U T