Noor Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36655 of 2019 Arising Out of PS. Case No.-1211 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== NOOR MOHAMMAD S/O Late Ishu Sai Resident of Village- Barki Dumri Court Bazar, P.S. Mejarganj, District- Sitamarhi, Present R/O- Dumduma Aalupatti, Gandhi Chowk, P.S. Dumduma, District- Tinsukiya, Asam. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Afsana Begam W/O- Noor Mohammad, D/O- Tabarak Mian, Resident of Village- Chargahawn, P.S. Turkouliya, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-09-2019 Heard learned counsel for the petitioner, learned counsel for the O.P.No. 2 and learned counsel for the State. There is marriage dispute between the parties The petitioner apprehends his arrest in connection with Complaint Case No. C-1211/2018 in which cognizance has been taken under Section 498A of the Indian Penal Code by the learned Magistrate.

Learned counsel for the petitioner files supplementary affidavit and submits that both parties have amicably settled their dispute and a joint compromise petition has been filed before the court of learned Judicial Magistrate, 1st Class, Motihari, which has been annexed as Annexure-1 to the

Patna High Court CR. MISC. No.36655 of 2019(4) dt.06-09-2019 2/2 supplementary affidavit filed by the petitioner. After having heard learned counsel for the parties and taking into consideration the fact that both parties have amicably settled their dispute as such I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Motihari, East Champaran in connection with Complaint Case No. C-1211 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T