Patna High CourtCR. MISC./52039/2015bail granted

Abdul Halim And ANR v. The State Of Bihar

2016-07-11Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52039 of 2015 Arising Out of PS.Case No. -35 Year- 2015 Thana -MAHILA PS DistrictBUXAR =====================================

1. Abdul Halim,

2. Abdul Salim, Both Sons of Abdul Hafeez, Both residents of VillageChhathia, Pokhra, Dumraon, P.S.- Dumraon, District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Surendra Kr. Singh, Adv. For the Opposite Party/s : Mr. Gajendra Pd. Yadav (App) Mr. Sheo Kumar, Adv.

===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-07-2016 Heard.

This application, for grant of anticipatory bail, arises out of Buxar (Mahila) P.S. Case No.35 of 2015, disclosing offences under Sections 354 (B), 341, 323, 504, 506 and 509/34 of the Indian Penal Code. I have perused the report of the learned Mediator.

Patna High Court Cr.Misc. No.52039 of 2015 (6) dt.11-07-2016 2/3 It appears on perusal of the report that the parties have resolved their dispute through negotiated settlement. The terms of negotiated settlement are part of the report of the learned Mediator.

In view of the above, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned learned Sub-Divisional Judicial Magistrate, Buxar, in connection with Buxar (Mahila) P.S. Case No.35 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bond shall be liable to be cancelled.

It is made clear that if the petitioners fail to honour the terms of negotiated settlement, the informant-opposite party No.2 shall be at liberty to

Patna High Court Cr.Misc. No.52039 of 2015 (6) dt.11-07-2016 3/3 approach this Court for cancellation of the bail granted to the petitioners by virtue of present order.

(Chakradhari Sharan Singh, J) Praveen-II/- U T