Md. Kalam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71176 of 2024 Arising Out of PS. Case No.-211 Year-2023 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Md. Kalam Son of Md. Suleman Resident of Village - Sheri Bijuliya Dih Tol, P.S. - Baheri, District - Darbhanga ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Gulesha Khatoon Wife of Md. Kalam Resident of Village - Sheri Bijuliya Dih Tol, P.S. - Baheri, District - Darbhanga. At present Daughter of Md. Kalaml, Resident of Village - Jayantipur Dath, P.S. - Bahera, District - Darbhanga ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Madhumala Kumari, Advocate Mr. Prafull Chandra Thakur, Advocate For the Opposite Party/s :
Dr. Ajit Kumar, APP Mr. Nafisuzzoha, Advocate Mr. Md. Mahtab Ali Alammanour, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-06-2025
1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no.2.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Darbhanga Complaint Case no.211 of 2023 registered under sections 498A, 147, 341, 323, 379, 406 and 504 of the Indian Penal Code and sections 3/4 of the D.P. Act.
3. As per the prosecution case, the complainant was married to the petitioner in the year 2020, however soon thereafter the accused persons started to torture her for non-
2/4 fulfillment of the demand of dowry by way of a motorcycle and Rs.2 lacs in cash.
4. By order dated 11.11.2024 passed in the instant case the matter was referred to the Patna High Court Mediation and Reconciliation Centre for amicable settlement of dispute between the parties.
5. A report dated 19.12.2024 of the Mediator has been received stating therein that the dispute has been resolved on mutually agreed terms attached with the report. The terms of settlement agreed to between the parties before the Patna High Court Mediation Centre is reproduced herein below for ready reference :-
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6. Learned counsel for the petitioner submits that the first installment of Rs.1 lac is being handed over in Court today to learned counsel for the opposite party no.2 by way of a demand draft in favour of the opposite party no.2 bearing no. 090846 dated 20.05.2025 drawn at the State Bank of India, Patna Main Branch. The amount has been received by learned counsel for the opposite party no.2.
7. In view of the facts and circumstances of the case, the parties having arrived at a settlement as reproduced herein above, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within
4/4 a period of eight weeks, be released on anticipatory bail in connection with Darbhanga Complaint Case no. 211 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Benipur, Darbhanga.
avinash/- (Partha Sarthy, J) U T