Ali Imam Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33660 of 2019 Arising Out of PS. Case No.-2558 Year-2018 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== ALI IMAM HUSSAIN Son of Idrish Mian Resident of Village - Barharia Purani Bazar, P.S.- Barharia, Distt - Siwan.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Afsana Khatoon Wife of Ali Iamam Hussain, D/o Mustaque Ahmad Resident of Village - Barharia Purani Bazar, P.S.- Barharia, Distt - Siwan, At present residing at her Village - Machauti, P.S.- Daraunda, Distt - Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 2558 of 2018 registered for the offences punishable under Sections 498A, 323, 506, 406/34 of the Indian Penal Code and Section 4 of Dowry Prohibition Act. From perusal of the record it appears that on appearance of opposite party No.2 the matter was referred to the Patna High Court Mediation and Conciliation Centre and the Mediator's report at Flag 'M' disclosed that the dispute has been resolved between the parties on the terms and conditions mutually agreed upon and the terms and conditions disclosed that both the parties agreed to live together and they are residing together also and after six months both the parties shall approach the court below for withdrawal of the cases against each other.

Patna High Court CR. MISC. No.33660 of 2019(4) dt.24-09-2019 2/2 Heard both the parties and they have admitted the aforesaid position. Learned counsel for opposite party No.2 has submitted that she is residing with the petitioner and she has no complaint against him.

Heard learned APP also.

In view of above facts and circumstances, let petitioner, in the event of surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Siwan, in connection with Complaint Case No. 2558 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition is that both the parties shall abide by the terms and conditions mutually agreed upon between them.

Let copy of the Mediator's report along with the memorandum of agreement be sent to the court concerned forthwith for needful.

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