Afroz Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29966 of 2019 Arising Out of PS. Case No.-498 Year-2018 Thana- JOGAPATTI District- West Champaran ====================================================== AFROZ ALAM Son of Sk. Abbas Resident of Village - Khairatiya Baldiha, P.S.- Nawalpur, Distt - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aditya Nath Jha For the Opposite Party/s :
Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-11-2019 Heard learned counsel for the parties.
Petitioner is apprehending his arrest in connection with Yogapatti P.S.Case No.498 of 2018 , registered for offences punishable under Sections 498A of the Indian Penal Code and Section 3⁄4 of the D.P.Act.
Case is under Section 498A of the IPC and on appearance of the O.P.no.2 the matter was referred to the Patna High Court Meditation and Reconcilaiton Centre, vide order dated 1.8.2019 and the report of the mediator is available along with the memorandum of the agreement at flag 'M' that shows that both the parties are ready to reside together and family members of both the parties will not interfere in their marital affair also. However, submission of the learned counsel for the
Patna High Court CR. MISC. No.29966 of 2019(4) dt.05-11-2019 2/2 O.P.no.2 is that some condition may be given against the petitioner.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the6 like amount each to the satisfaction of the learned CJM, Bettiah, West Champaran, in connection with Yogappati P.S.Case No.498 of 2018 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition that he has to keep O.P.no.2 with dignity and care.
Let a copy of the mediation report alnog with the memorandum of agreement be sent to eh learned court below foe needful..
With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T