Patna High CourtCR. MISC./58387/2023bail granted

Badrun Duja @ Jugnu @ Bahar @ Badruddoza v. The State Of Bihar

2024-02-27Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58387 of 2023 Arising Out of PS. Case No.-20 Year-2022 Thana- BISFI District- Madhubani ====================================================== BADRUN DUJA @ JUGNU @ BAHAR @ BADRUDDOZA S/O LATE ABDUL HASIB R/O VILLAGE- PARSAINI, P.S- BISFI, DISTT.- MADHUBANI.

... ... Petitioner/s

Versus

The State of Bihar 2.

MADINA FIRDAUSH SHEIKH W/O BADDRUJA @ JUGNU, D/O BAKSI GULAN SHEIKH R/O VILLAGE- PARSAUNI, P.S- BISFI (PAUTANA), DISTT.- MADHUBANI.

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

For the Petitioner/s :

Mr. Md. Helal Ahmad Mr. Altamash For the State :

Ms.Pronoti Singh For O. P. No. 2 :

Mr. Kuldeep Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-02-2024

1. Heard learned Counsel for the petitioner, learned Counsel for the Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Bisfi (Pautona) Police Station Case No. 20 of 2022, dated 05.02.2022, disclosing offences punishable under Sections 341/323/498-A/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. The petitioner is husband of Opposite Party No. 2. There was dispute between the parties relating to compatibility in marriage and accordingly, Opposite Party No. 2 has

Patna High Court CR. MISC. No.58387 of 2023(4) dt.27-02-2024 2/3 lodged the present case against the petitioner and other family members.

4. By order, dated 13.12.2023, the matter was referred for mediation before the learned Mediator by this Court.

5. Learned Counsel for the parties submits that the matter has amicably been settled in the mediation between the husband and the wife and from perusal of the mediation report, dated 06.02.2024, it appears that the parties have settled their dispute amicably and the petitioner has offered a sum of Rs. 7,00,000/- in five equal monthly instalments to Opposite Party No. 2 as full and final settlement and the Opposite Party No. 2 has given consent to finally compromise the cases pending between them.

6. Learned Counsel for the petitioner submits that within one month from today, the petitioner shall start payment of the amount, as agreed during the mediation and he will pay the first instalment of Rs. 2,00,000/- within a period of ten days from today and shall pay the rest of the amount in four equal instalments as per the memorandum of agreement, dated 05.02.2024.

7. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that

Patna High Court CR. MISC. No.58387 of 2023(4) dt.27-02-2024 3/3 both the parties have arrived at amicable settlement, I am inclined to grant the petitioner privilege of anticipatory bail, subject tot he condition that the petitioner shall abide by the terms of agreement and shall pay Rs. 7,00,000/- in five instalments, the first instalment of Rs. 2,00,000/- shall be paid by the petitioner within a period of ten days from today.

8. This application is, accordingly, allowed.

9. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released 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 1st Additional Chief Judicial Magistrate, Benipatti, Madhubani, in connection with Bisfi (Pautouna) Police Station Case No. 20 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √