Patna High CourtCR. MISC./36847/2019bail granted

Zahur Mian v. The State Of Bihar

2020-02-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 36847 of 2019 Arising Out of PS. Case No.-635 Year-2018 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== 1.

Zahur Mian aged about 38 years, male 2.

Harun Mian aged about 40 years, male Both Sons of Late Dhadhu Mian Resident of Village - Aryanagar, P.S.- Balthar, District- West Champaran ... ... Petitioner/s

Versus

The State of Bihar 2.

Fatma Khatoon aged 34 years, Female, Wife of Jahur Mian, D/O- Salim Mian Resident of Village - Auraiya, Barai Tola, P.O.-Tiwari Tola, P.S.- Bettiah Muffasil (Banuchapar O.P.), District - West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Raj Ballabh Singh Mr. Umesh Chandra Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4.

19-02-2020 Heard learned counsel for the parties.

Earlier, the matter was referred to Patna High Court Mediation and Conciliation Centre by order dated 21-08-2019 for resolution of dispute between the parties and in this regard, a report dated 21-01-2020, kept at flag 'M', has been received. On perusal of Mediator's report, it appears that the dispute between the parties has been resolved on the terms and conditions mentioned in the Memorandum of Agreement (annexed with the Mediator's report).

Learned counsel for opposite party no. 2 does not

Patna High Court CR. MISC. No.36847 of 2019(4) dt.19-02-2020 2/2 dispute the fact.

Accordingly, the provisional bail granted to petitioners by this Court, vide order dated 17-06-2019, is, hereby, confirmed on the following conditions: "(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail-bonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U