Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62047 of 2023 Arising Out of PS. Case No.-2239 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== MD. SADDAM SON OF MD. WAJID RESIDENT OF VILLAGEKAKARJAN, P.S -K NAGAR DISTRICT- PURNEA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RIFAT ARA DAUGHTER OF MD. IBRAR RESIDENT OF VILLAGERAHUA, P.S -K. NAGAR DISTRICT- PURNEA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary For the O.P. No. 2 :

Mr. Fakrudin Ali Ahamad Mr. Tauqueer Azhar Pawan Neeraj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-04-2024

1. Heard learned counsel for the petitioner and learned APP for the State along with learned counsel appearing on behalf of the O.P. No. 2.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A) and 323 of the Indian Penal Code.

3. Learned counsel for the parties submits that the case was referred for mediation and the mediation proceedings succeeded. It is also submitted that the agreement entered in between the petitioner and the O.P. No. 2 which was signed by both the learned lawyers till date has not come on record, but

Patna High Court CR. MISC. No.62047 of 2023(4) dt.09-04-2024 2/3 then the learned counsel appearing on behalf of the O.P. No. 2 very fairly submits that since the issues in between the petitioner and the O.P. No. 2 stand resolved in the mediation proceedings, as such, the O.P. No. 2 is not objecting the grant of anticipatory bail to the petitioner provided the petitioner undertakes that he will fulfill all the conditions within the time frame as recorded in the agreement entered in between the petitioner and the O.P. No. 2 before the learned Mediator.

4. Learned counsel appearing on behalf of the petitioner submits that he will fulfill all the conditions as recorded in the agreement entered in between the petitioner and the O.P. No. 2 before the learned Mediator within the time frame stipulated.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is

Patna High Court CR. MISC. No.62047 of 2023(4) dt.09-04-2024 3/3 pending/successor court in connection with Complaint Case No. 2239 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. The learned counsel appearing on behalf of the O.P. No. 2 undertakes that the moment, the petitioner pays the amount as agreed before the learned Mediator within the time frame, the O.P. No. 2 shall also withdraw the instant criminal case.

8. Accordingly, the present anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T