Md. Tanveer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38766 of 2023 Arising Out of PS. Case No.-1176 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Md. Tanveer Son of Md. Zakir Resident of village - Ahalgaon, P.S. - Jalalgarh, Distt. - Purnia ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lucy D/o Iliyas, W/o Tanveer Resident of village - Kochaili doriya Tola, P.S. - Dagarua, Distt. - Purnia ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-10-2023 Heard Mr. Sanjeev Kumar Singh, learned counsel for the petitioner and Mr. Sanjay Kumar Pandey, learned APP for the State.

2. The petitioner is apprehending his arrest connection with Complaint Case No. 1176 of 2022, dated 22.06.2022 registered for the offences punishable under Section 498A of the Indian Penal Code.

3. Allegation against the petitioner is of demand of dowry and torture mentally and physically for non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.38766 of 2023(6) dt.09-10-2023 2/3 allegation as alleged in the complaint petition is false and fabricated and the petitioner has not committed any offence as alleged in the complaint petition.

5. Vide order dated 02.08.2023, the present matter was referred to the Mediation & Conciliation Centre, Patna High Court for settlement of dispute between the parties. Report of the learned Mediator dated 04.10.2023 reveals that dispute between the parties has been resolved through the process of mediation and both the parties have signed the terms and conditions of the settlement.

6. Learned counsel appearing on behalf of the Informant as well as learned APP for the State, on the other hand, on the basis of report of learned Mediator fairly submits that the mediation process has been successful.

7. Considering the aforesaid facts and circumstances of the case, and the report of the learned Mediator, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Purnea in connection with

Patna High Court CR. MISC. No.38766 of 2023(6) dt.09-10-2023 3/3 Complaint Case No. 1176 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-

(1) Petitioner shall co-operate 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

Ibrar//- (Rajesh Kumar Verma, J) U T