Md. Niyaz @ Niyaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58144 of 2022 Arising Out of PS. Case No.-138 Year-2018 Thana- BUDDHACOLONY District- Patna ====================================================== MD. NIYAZ @ NIYAZ MD. MEHDI HASAN Resident of Juggi House No. SCG 5/17, Near Chhoti Masjid, Ranjit Nagar, New Delhi, Permanent Resident of Village- Sirniya, West Vilaspur, P.O and P.S- Hayaghat, DistrictDarbhanga, Bihar ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
SABINA KHATOON Wife of Md. Niyaz, Daughter of Md. Baseer Resident of North Mandiri, Bans Ghat Kali Mandir, Near P.H.E.D Gate Pump House, P.O- G.P.O - P.S - Buddha Colony, District- Patna 800001 ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Piyush Saurav,Advocate For the Opposite Party/s :
Mr.Sanjay Kumar,A.P.P.
Mr.Ravi S. Pankaj,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-06-2023 At the outset, learned counsel for the petitioner submits that the dispute between the parties has been resolved through the process of mediation. Said fact has not been disputed by the counsel for the opposite party no.2. Earlier, the matter was referred to Patna High Court Mediation and Conciliation Centre by order dated 09.02.2023 for resolution of dispute between the parties and in this regard, Mediator's report dated 19.06.2023 alongwith copy of demand draft of Rs. 1,00,000/-, kept at flag 'M-1', has been received. On perusal of Mediator's report, it appears that both parties agreed to live separately and for this, the petitioner offered to pay Rs.
Patna High Court CR. MISC. No.58144 of 2022(5) dt.20-06-2023 2/2 2,50,000/-, as full and final settlement amount, to the opposite party no. 2 and opposite party no. 2 accepted the offer and gave her consent. Out of total settlement amount of Rs. 2,50,000/-, Rs. 1,50,000/- was already paid to opposite party no. 2 and rest amount i.e. Rs. 1,00,000/- was paid to opposite party no. 2 on 19.06,2023 through demand draft.
Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above-named petitioner 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 S.D.J.M., Patna in connection with Buddha Colony P.S. Case No. 138 of 2018, subject to condition as laid down under Section 438(2) of the Cr.P.C. with further condition that petitioner shall abide by the terms & conditions of the agreement arrived at before the Mediator.
(Prabhat Kumar Singh, J) anay/- U T