Md. Asif Reza @ Asif Reza @ Pintu v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56616 of 2018 Arising Out of PS. Case No.-236 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== Md. Asif Reza @ Asif Reza @ Pintu, Son of Haji Md. Kalam, Resident of Village- Matiyari, P.S. Jokihat, District- Araria. ... ... Petitioner

Versus

1. The State of Bihar.

2. Farhen Fatma, W/o Md. Asif Reza @ Asif Reza @ Pintu D/o Haji Md. Naushad Akhtar, Resident of Mohalla- Azad Nagar, Ward No. 19, P.S. Araria, District- Araria.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Manish Kumar, Advocate.

For the State :

Mr. Suresh Prasad Singh, A.P.P.

For the O.P. No. 2 : Mr. Anamul Haque, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2018 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A) of the IPC and 3⁄4 of the D. P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. Earlier vide order dated 20.09.2018, the matter was

Patna High Court Cr.Misc. No.56616 of 2018(3) dt.29-11-2018 2/3 referred to the Patna High Court Mediation Center. As per report of the Mediator, mediation between the parties has failed. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the learned counsels for the State and opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Araria, in connection with Complaint Case No. 236C of 2018, subject to the conditions as laid down under Section 438(2) of

Patna High Court Cr.Misc. No.56616 of 2018(3) dt.29-11-2018 3/3 the Code of Criminal Procedure.

If so advised, either of the parties will be at liberty to make an application before the court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) U.K./- U T