Md. Shamshe Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67513 of 2024 Arising Out of PS. Case No.-506 Year-2021 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== 1.
Md. Shamshe Alam Son of Jahangeer Alam Resident of Village - Khanpur, P.S. - Hathauri, District - Muzaffarpur 2.
Md Jahangeer Alam Son of Md. Kashim Resident of Village - Khanpur, P.S. - Hathauri, District - Muzaffarpur 3.
Md. Ahsan Ahmad Son of Ali Ahamad Resident of Bahuarra, P.S. - Patepur, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr.Aquaib Khan For the State :
Mr.Dashrath Mehta For the Informant :
Mrs.Mukul Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-02-2025 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioners, apprehending their arrest in a case punishable for the offence under Sections 406, 420, 34 of the Indian Penal Code, have prayed for grant of anticipatory bail.
3. At the outset, learned counsel for the petitioners submits that dispute between the parties has been settled amicably through the process of mediation and for this, the petitioners offered to pay Rs. 9,50,000/- (Rupees nine lacs fifty thousand) in two installments, as full and final settlement amount and informant has accepted the offer and gave his consent.
Patna High Court CR. MISC. No.67513 of 2024(3) dt.19-02-2025 2/3
4. Learned counsel for the informant does not dispute and confirms the fact regarding settlement entered into between the parties.
5. Here, it is relevant to mention that earlier, with consent of the parties, the matter was referred to Mediation & Conciliation Centre of Patna High Court to explore the possibility of settlement between the parties, which has been resolved in terms of Memorandum of Agreement annexed with Mediator's report, kept at flag 'M'.
6. Considering the fact that dispute between the parties has been resolved, the prayer for anticipatory bail of petitioners is allowed.
7. Let the petitioners, as named above, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Town P.S. Case No. 506 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that petitioners shall abide by all the terms & conditions, mentioned in Memorandum of Agreement, failing which,
Patna High Court CR. MISC. No.67513 of 2024(3) dt.19-02-2025 3/3 learned Court below shall be at liberty to cancel the bail-bond of the petitioners.
(Prabhat Kumar Singh, J) anay U T