Md. Arif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59563 of 2023 Arising Out of PS. Case No.-1189 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== MD. ARIF son of Md. Yunus Salim @ Unus Village- Kajra Ps- mansahi Distkatihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ladly Khatoon D/o- Md. Sayeed, W/o- Md. Arif Village- Kajra Basatpur PsManashi Dist- katiha ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghvendra Kumar Singh For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-02-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Katihar Complaint Case No. 1189 of 2022, disclosing offences under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. Both the parties have jointly submitted that they have arrived at an amicable settlement before the learned Mediator and a memorandum of agreement has been executed between the parties under which the petitioner is required to pay a sum of Rs. 2,50,000/- to opposite party No. 2. The amount, in question, has already been paid by the petitioner in favour of opposite party No. 2 by way of draft.

4. Learned Counsel for the opposite party No. 2 does not dispute the submission of the petitioner.

Patna High Court CR. MISC. No.59563 of 2023(3) dt.27-02-2024 2/2

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties have arrived at an amicable settlement and a memorandum of agreement has been executed between them, accordingly, I am inclined to grant anticipatory bail to the petitioner subject to the condition that the parties shall abide by the terms of the agreement.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, 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 Chief Judicial Magistrate, Katihar, in connection with Katihar Complaint Case No. 1189 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T