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Patna High CourtCR. MISC./45205/2019bail granted

Md. Shaukat Ali @ Shaukat Ali v. The State Of Bihar

2020-02-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 45205 of 2019 Arising Out of PS. Case No.-314 Year-2018 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== Md. Shaukat Ali @ Shaukat Ali aged about 26 years male, Son of Md. Hadish Resident of Village - Churipatti Powakhali, P.S.- Powakhali, Dist.- Kishanganj.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shahjadi Begum @ Mangali Wife of Md. Shaukat Ali @ Shaukat Ali , D/o Md. Sabir At present Resident of Village - Churipati Bahadurganj, P.s.- Bahadurganj, Dist.- Kishanganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4.

20-02-2020 Heard learned counsel for the parties.

Earlier, the matter was referred to Patna High Court Mediation and Conciliation Centre by order dated 30-09-2019 for resolution of dispute between the parties and in this regard, a report dated 28-11-2019, kept at flag 'M', has been received. On perusal of Mediator's report, it appears that the dispute between the parties has been resolved through the process of mediation on the terms and conditions mentioned in the Memorandum of Agreement (annexed with the Mediator's report). Learned counsel for opposite party no. 2 does not dispute the fact.

Accordingly, considering the aforesaid facts and

Patna High Court CR. MISC. No.45205 of 2019(4) dt.20-02-2020 2/2 circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Kishanganj in connection with Complaint Case No. C 314 of 2018 on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T