Akbar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49291 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- KASBA District- Purnia ====================================================== AKBAR ALAM S/O ANISUR RAHMAN R/O MOHALLA- MOTIBAGH, WARD NO.-07, P.S AND DISTT.- KISHANGANJ.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

GUL AFSHAN PERWEEN W/O AKBER ALAM R/O VILLAGEGADBANAITI WARD NO. 07, P.S- KASBA, DISTT.- PURNEA. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Rashid Alam, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP Mr. Fakhruddin Ali Ahmad, Advocate Mr. Md. Tauqueer Azhar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for opposite party no. 2.

2. The petitioner, husband of opposite party no. 2, apprehends his arrest in a case registered for the offence under Sections 498(A)/34 of the Indian Penal Code and Sections 3, 4 of the Dowry Prohibition Act.

3. At the outset, learned counsel for both the parties submit that the dispute between the parties has been settled amicably through the process of mediation and both parties have agreed to live separately and for this, the petitioner offered to pay Rs. 1,50,000/- (Rupees one lac fifty thousand), as full and final settlement amount, and opposite party no. 2 has accepted the offer and gave her consent.

4. Here, it is relevant to mention that earlier, with

Patna High Court CR. MISC. No.49291 of 2024(3) dt.26-10-2024 2/2 consent of the parties, the matter was referred to Mediation & Conciliation Centre of Patna High Court to explore the possibility of settlement between the parties, which has been resolved in terms of Memorandum of Agreement annexed with Mediator's report.

5. Considering the fact that dispute between the parties has been resolved, the prayer for anticipatory bail of petitioner is allowed.

6. Let the petitioner, as named above, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - II, Purnea in connection with Kasba P.S. Case No. 09 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that petitioner shall abide by all the terms & conditions, mentioned in Memorandum of Agreement, failing which, learned Court below shall be at liberty to cancel the bail-bond of the petitioner. (Prabhat Kumar Singh, J.) anay U T