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Patna High CourtCR. MISC./63667/2022disposed

Sajjad Ansari @ Md. Sajad v. The State Of Bihar

2024-02-26Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63667 of 2022 Arising Out of PS. Case No.-450 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== Sajjad Ansari @ Md. Sajad S/O Amjad Ali R/V- Amwa, Manguraha, P.O.- Nauwadih, P.S.- Paharpur, Distt- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shahzadi Khatoon @ Arifa Tabassum D/o Md. Vakil Ansari R/V- Amwa Nijamat, Manguraha, P.O.- Nauwadih, P.S.- Paharpur, Distt- East Champaran. Present Address- Baswariya, Ward no. 28, P.S.- Bettiah Nagar, Distt- West Champaran.

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

For the Petitioner/s :

Mr. Jagjit Roshan, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-02-2024 Heard learned counsel for the petitioner, learned APP for the State along with learned counsel for the Opposite Party No. 2.

2. The petitioner apprehends his arrest in connection with Bettiah Nagar P.S. Case No. 450 of 2021, registered for the offences punishable under Sections 323, 341, 504, 506, 498(A), 34 of the Indian Penal Code along with Section 3/ 4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioner has been heard through virtual mode and the petitioner submits that the entire amount as agreed before the learned mediator

Patna High Court CR. MISC. No.63667 of 2022(5) dt.26-02-2024 2/3 shall be paid by May 2024.

4. Learned counsel appearing on behalf of the Opposite Party No. 2 at the outset, submits that the case was sent for mediation and the issue in between the petitioner and the Opposite Party No. 2 stands resolved and the petitioner has to pay an amount of Rs. 2,17,000/- (Two Lakh Seventeen Thousand) by way of one time settlement within a period of seven months commencing from November 2023. It is further submitted that the entire amount has to be paid by May 2024.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on Provisional Anticipatory Bail on furnishing bail bonds of Rs. 2000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Bettiah, West Champaran or the Concerned Court, where the case is pending/successor court in connection with Bettiah Nagar P.S. Case No. 450 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.63667 of 2022(5) dt.26-02-2024 3/3

6. However, it is made clear in the event, if the Opposite Party No. 2 does not file any application bringing to the notice of the learned trial court by 07.06.2024 that the term of the compromise entered in between the petitioner and the Opposite Party No. 2 before the learned mediator, has not been fulfilled, in that event, the Provisional Anticipatory Bail order shall be confirmed by the learned trial court on same terms and conditions.

(Satyavrat Verma, J) aditi/- U T