Shahbazul Hasan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33200 of 2019 Arising Out of PS. Case No.-193 Year-2016 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== SHAHBAZUL HASAN Son of Late Muzaffar Hasan Resident of Village/Mohalla-Birsa Chowk, P.S.-Pakur, District-Pakur (Jharkhand). ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR Bihar 2.
Sadaf Sultan @ Arfin Wife of Shahbazul Hasan, Daughter of Saiyad Md. Nayeemuddin Resident of Mohalla-Mohibalichak, P.S-Habibpur, DistrictBhagalpur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar Jha For the Opposite Party/s :
Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2019 Heard learned counsel for the parties.
Petitioner is apprehending his arrest in connection with Complaint Case No.193 of 2016 dated 30.1.2016 , registered for offences punishable under Sections 323, 498(A), 504,506, 379 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act..
Case is under Section 498(A) of the IPC and it appears that on appearance of the O.P.o.2 the matter was referred to the Mediation Centre and now the mediator's report is available at flag 'B', which shows that the matter was resolved on mutual settlement and as per the terms and conditions, the
Patna High Court CR. MISC. No.33200 of 2019(5) dt.17-10-2019 2/3 petitioner has to pay Rs.3,50,000/- as one time settlement, out of which the petitioner has paid Rs.01 lac on 25.9.2019 by the bank draft bearing No.394515 dated 23.9.2019 and rest of the amount of Rs.2,50,000/- has to be paid within a period of three months and it is also agreed between the parties that once the total amount is paid they will file divorce case before the appropriate court and also withdraw all the cases pending against each other.
Heard learned A.P.P. .who also admitted the above facts. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the learned court below within a period of three weeks from the receipt of the order and on surrender he will be released on provisional bail in connection with Complaint Case No.193 of 2016, for a period of three months and during that period, he will pay rest of the amount and once the total amount is paid the bail bond of the petitioner shall be confirmed. It is needless to say that both the parties have to abide by the terms and condition which has been mutually agreed .
Let a copy fo the mediator's report and the terms and
Patna High Court CR. MISC. No.33200 of 2019(5) dt.17-10-2019 3/3 agreement be sent tot he learned court below for the needful. With the above direction, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U