Patna High CourtCR. MISC./31164/2018bail granted

Md. Arif Ahmad v. State Of Bihar And ANR

2018-08-16Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31164 of 2018 Arising Out of PS. Case No.-3682 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Md. Arif Ahmad son of Md. Ashique Ahmad R/o Village - Singhara Kopa, P.S. Dulhin Bazar, District Patna.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Reshma Khatoon wife of Md. Arif Ahmad & Daughter of Md. Abul Hayat R/o Village Gonpura, P.O. Alampur, P.S. Phulwarisharif, District Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhat Kumar Dipak For the Opposite Party/s :

Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 498A of the Indian Penal Code and 4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

The matter was referred to the Mediation Centre by order dated 11.06.2018. Vide Report at Flag-A, it has been reported that the matter has been settled between the parties in

Patna High Court Cr.Misc. No.31164 of 2018(3) dt.16-08-2018 2/3 the following terms:

Patna High Court Mediation Centre Memorandum of Agreement Mediation Proceeding No. 72 of 2018 (Arising out of Cr. Misc. No. 31164 of 2018) An agreement made on 07.08.2018 at the High Court Patna Mediation Centre, between.

Mr. Arif Ahmad, son of Md. Ashique Ahmad, resident of village- Singhara Kopa, P.s.- Dulhin Bazar, District- Patna. .... (First party) And Reshma Khatoon, wife of Md. Arif Ahmad & Daughter of Md. Abul Hayat, resident of village Gonpura, P.O.- Alampur, P.S.- Phulwarisharif, District- Patna .... (Second party). Parties are present with their respective counsels. As per the agreement arrived at between the parties for one time settlement, petitioner is paying/handing over the entire remaining out of Rs. 45,000/- (Rupees Forty Five Thousand Only) out of Rs. 55,000/- (Rupees Fifty Five Thousand) to the opposite party No. 2 in cash. It is stated that out of Rs. 55,000/- (Rupees Fifty Five Thousand), petitioner has already paid/handed over Rs. 55,000/- to the opposite party No. 2 on 24.07.2018 itself. Accordingly the disputes between the parties stands resolved on the following terms and condition:-

1. As a result of this one time settlement, parties have agreed to part away from each other to lead their independent life.

2. Parties have further agreed that they will take steps for filing appropriate petition before the competent court/forum or under the terms of "Sharia" for mutual divorce.

3. Parties have agreed that after this one time settlement they will withdraw all the cases/complaint, if any, filed against each other before all the forums.

4. Parties have further agreed that after this one time settlement the opposite party No. 2 shall not make any further claim to the petitioner.

5. Parties have further agreed that whatever the steps/formalities are required under the "Sharia" that they will complete within two months from the date of signing this agreement.

Patna High Court Cr.Misc. No.31164 of 2018(3) dt.16-08-2018 3/3

6. That the above contents of this agreement have been read over and explained to us in Hindi in presence of their respective lawyer which we have fully understood and accepted there upon.

7. That in the above terms and conditions a settlement has been arrived at between the parties and both have signed/thumb impression in presence of their respective learned counsels, who have also put their signature on this agreement. Sd/ Sd/ (Md. Arif Ahmad) (Reshma Khatoon) Signature of the petitioner Signature of the opposite party no. 2 Date 07.08.2018 Date-07.08.2018 Sd/ Signature of the petitioner Advocate Signature of the opposite party no. 2 Advocate A.O.R. No. 2991 A.O.R. No. Date 07.08.2018 Date-07.08.2018 sd/ 07.08.2018 (Alok Kumar) Mediator Considering the fact that the matter has been settled between the parties, let the petitioner, above named, in the event of arrest/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 learned S.D.J.M., Patna in connection with Complaint Case No. 3682(c) of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Pankaj/- (Sudhir Singh, J) U T