Md. Imran And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5515 of 2016 Arising Out of PS.Case No. -522 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Md. Imran Son of Late Sheikh Mannan

2. Sakina Khatoon Wife of Late Sheikh Mannan

3. Md. Irfan Son of Late Sheikh Mannan

4. Afrina Khatoon Wife of Md. Imran

5. Anjum Ara Khatoon Wife of Alisher All residents of village - Belwa, P.S. Sathi, District - West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sabina Khatoon Wife of Md. Imam and daughter of Late Imam Husain resident of village - Jaukatia, P.S. Majhaulia, District - West Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Arvind Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 11-04-2016 Heard learned counsels for the petitioners and the State.

The petitioner no.1 being the husband of the informant and petitioner nos. 2 to 5 being the mother, brother, brother's wife and sister of petitioner no. 1 are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 498A and 504/34 of the Indian Penal Code.

The basic accusation is of torture.

On joint prayer of the parties the matter was

Patna High Court Cr.Misc. No.5515 of 2016 (03) dt.11-04-2016 2/3 referred to the Mediation Centre vide order dated 03.02.2016. The report of the Mediator dated 30.03.2016 at Flag 'A' reflects that the issue has been resolved on payment of one time settlement amount of Rs.1,25,000/- which will be paid by petitioner no. 1 within a period of three months and return of certain furniture as stipulated in Clause-2 of the agreement by 04.04.2016.

It is submitted by learned counsel for the petitioners that the petitioner no. 1 is abide by the terms of agreement, though, neither payment has been made nor the articles have been returned but petitioner no. 1 undertakes to return the same before furnishing bail bonds before the learned court below.

Counsel for the informant submits that the he is not opposing the prayer for bail of the petitioners, if as per terms of agreement the petitioners should return all the articles before furnishing bail bonds.

Considering the aforesaid facts, let the above named petitioners 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) each with two sureties of the like

Patna High Court Cr.Misc. No.5515 of 2016 (03) dt.11-04-2016 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Majhaulia P.S. Case No. 522 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Let the terms of agreement arrived at between the parties be also transmitted to the learned court below. DKS/ (Dinesh Kumar Singh, J.) U T