Kurhanu @ Nurul Islam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43752 of 2023 Arising Out of PS. Case No.-24 Year-2023 Thana- ABADPUR District- Katihar ====================================================== Kurhanu @ Nurul Islam S/O Md. Pocha R/O Village- Chhoghara, Ps. Abadpur, Dist. Katihar ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harish Chandra Patel For the Opposite Party/s :

Ms.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-03-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 307, 313, 328, 376, 406, 420, 120B and 34 of the Indian Penal Code.

3.

No one appears on behalf of the OP No. 2.

4.

The learned counsel for the petitioner submits that the case was referred for mediation and the dispute in between the petitioner and the OP No. 2 stands resolved as would be evident from the report of the learned Mediator dated 12-3-2024 wherein it has been recorded that the dispute between parties has been resolved through the process of mediation. 5.

The learned counsel next submits that a

Patna High Court CR. MISC. No.43752 of 2023(4) dt.29-03-2024 2/2 Memorandum of Agreement was also entered in between the petitioner and the OP No. 2 on 11-3-20-24, which was signed by their respective learned lawyers, which is also part of the report. 6.

Since the dispute in between the petitioner and the OP No. 2 stands resolved as such, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Abadpur P.S. Case No. 24 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7.

However, the OP No. 2 shall be at liberty to file an application seeking cancellation of anticipatory bail granted to the petitioner in the event if the petitioner does not honor the Memorandum of Agreement dated 11-3-2024 entered in between him and the OP No. 2.

(Satyavrat Verma, J) SUMIT/- U T