Mirza Md. Jamal Nasir v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23541 of 2017 Arising Out of PS.Case No. -22 Year- 2017 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Mirza Md. Jamal Nasir, S/O Late Mirza Md. Nasir Hussain @ Laddu Khan, Resident of Gola Mohalla, P.S. Ara Nagar, District-Bhojpur. .... .... Petitioner
Versus
1. The State of Bihar.
2. Shabina Khanam, W/O Mirza Md. Jamal Nasir, D/O Sarfuddin Khan, Resident of Gola Mohalla, P.S. Ara Nagar, District- Bhojpur. At present- R/V- Milkki, P.O. & P.S. Piro, District- Bhojpur. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Anil Kumar, Advocate. For the State : Mr. Md. Ansarul Haque, A.P.P. For the O.P. No. 2 : Mr. Rajiva Ranjan, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-01-2018 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A), 315/34 of the IPC and 3/4 of the D. P. Act.
The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. Vide order dated 13.06.2017, the matter was referred to the Patna High Court Mediation Cell. As per the report of the
Patna High Court Cr.Misc. No.23541 of 2017 (6) dt.08-01-2018 2/2 Mediator dated 12.07.2017, the mediation has failed. However, it is submitted by learned counsels for the petitioner and opposite party no. 2 that the dispute between the parties has been resolved by the intervention of well wishers. Now, both the parties are residing together.
Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Bhojpur at Ara in connection with Bhojpur Mahila P.S. Case No. 22 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
If any further dispute arises, the opposite party no. 2 will be at liberty to avail remedy under the Family Court Act. U.K./- (Sudhir Singh, J) U T