Sarif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40147 of 2018 Arising Out of PS.Case No. -108 Year- 2013 Thana -AMDABAD DistrictKATIHAR ===================================== Sarif, S/o-Noor Mohammad @ Noor Islam, R/o-Chhota Lakhanpur, P.S.-Amdabad, District-Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shafik Alam, S/o Jainul Abedin, R/o-Chhota Lakhanpur, P.S.-Amdabad, District-Katihar.

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Adv. For the O.P. No. 2 : Mr. Dhirendra Singh, Adv. For the State : Mr. Parmanand Kumar, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-11-2018 Heard the learned counsel for the petitioner, the informant/opposite party No. 2 and the State. The petitioner had earlier approached this Court for grant of anticipatory bal vide Cr. Misc. No. 48915 of 2015, which was allowed, but with the direction to the petitioner to approach the Court below within six weeks and the Court below was directed to release him on bail only on finding that the dispute between the parties had

Patna High Court Cr.Misc. No.40147 of 2018 (6) dt.02-11-2018 2/3 been settled.

It appears that the petitioner did not surrender before the learned Court below and approached this Court for modification of the order by way of extension of time for the purposes of surrendering. The aforesaid prayer of the petitioner was not allowed and the petitioner was given the liberty to approach this Court again afresh for grant of anticipatory bail.

The petitioner has now approached this Court for grant of bail.

On the assertion of the petitioner that the dispute between the parties has been settled, notice was issued to the informant/opposite party No. 2. Mr. Dhirendra Singh, the learned Advocate has appeared on behalf of the informant/opposite party No. 2 and has affirmed and ratified the fact that there has been complete settlement between the informant/opposite party No. 2 and the petitioner.

Considering the aforesaid facts, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.40147 of 2018 (6) dt.02-11-2018 3/3 satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Amdabad P.S. Case No. 108 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T