Kaushar Ali @ Md. Kaushar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31363 of 2019 Arising Out of PS. Case No.-1769 Year-2018 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== KAUSHAR ALI @ MD. KAUSHAR ANSARI Son of Abdul Gaffur Resident of Village - Chakvyas, P.S.- Goraul, District - Vaishali. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Shabnam Khatoon Wife of Kaushar Ali D/o Md. Tausheeb, Resident of Village - Chintamnpur, P.S.- Vaishali (O.P. Belsar), District - Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-11-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 1769 of 2018, disclosing offences under Section 498A/ 34 and 494 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Petitioner happens to be husband of the complainant and allegation against him is of subjecting the complainant to torture for non fulfilment of demand of dowry.

It appears that on appearance of both the parties, earlier matter was referred to Patna High Court Mediation and Conciliation Centre and from the report of learned Mediator, which his kept on record, it appears that the dispute between the parties have been resolved on one time payment of Rs. One Lakh by the petitioner to the complainant, out of which, demand draft of Rs. Fifty Thousand

Patna High Court CR. MISC. No.31363 of 2019(3) dt.07-11-2019 2/2 has already been handed over to the complainant and Rs. Fifty Thousand will be paid within five weeks, thereafter and once total amount is deposited, it is agreed that parties shall withdraw their cases.

Learned counsel for the petitioner and learned counsel for the complainant has admitted the aforesaid fact. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, petitioner is directed to appear before the court below on 11.12.2019 and on that day, opposite party no. 2 shall also remain present and if petitioner shows document showing payment of Rs. 50,000/- made either by bank draft or handed over to complainant, the court below shall confirm the provisional bail granted to the petitioner vide order dated 06.08.2019, otherwise, learned court below is free to pass any order as he deems fit and proper.

Let a copy of mediator's report as well as memorandum of agreement be sent to the concerned court below along with this order.

This application is accordingly disposed of.

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