Md. Imtiyaz v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45206 of 2014 Arising Out of PS.Case No. -325 Year- 2013 Thana -KHAZANIHAT District- PURNIA ====================================================== Md. Imtiyaz son of Late Md. Moin resident of Mohalla - Buddhu Chak Mirchai Bari, Police Station - Katihar, District - Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shama Khatoon @ Shabana Pravin wife of Md. Imtiyaz, Daughter of Md. Naushad resident of Mohalla - Mushtafa Colony near Arabia College, Madho Para, Ward No. 29, Nagar Nigam, Purnea, Police Station - Khajanchihat Sahayak, District - Purnea. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Nand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06/ 28-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 323, 324, 379 and 498A/34 of the Indian Penal Code.

The basic accusation is of torture and making assault.

On the joint prayer of the parties the matter was referred to the Mediation Centre of State Legal Services Authority.

Patna High Court Cr.Misc. No.45206 of 2014 (6) dt.28-09-2015 2/2 It is submitted by learned counsels for the parties that the issue has been resolved and both have decided to part ways on payment of permanent alimony of Rs.77,500/- which has already been paid through bank draft. The said contention of the petitioner and the informant gets reflected from the report of the Mediator dated 11.09.2015 at Flag 'D'.

In view of the above facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K. Hat (Sahayak) P.S. Case No. 325 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Let the report of the Mediator dated 11.09.2015 along with terms of agreement be transmitted to the learned court below.

DKS/ (Dinesh Kumar Singh, J.) U T