Rustam Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72255 of 2024 Arising Out of PS. Case No.-2893 Year-2022 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Rustam Ali S/O Arsad Ali R/O Village- Kadipur Nagra, P.O- Nagra, P.SKhaira, Distt.- Saran. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Reshma Khatoon @ Rozi Khatoon W/O Rustam Ali, D/O Md. Motiuddin R/O Village- Kewatiya, P.S- Dariyapur, Distt.- Saran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisu Zzoha, Adv.
For the State :
Mr. Tarun Prasad Mandal, APP For the Complainant :
Mr. Vijay Kumar, Adv.
Ms. Rajani Kumari, Adv.
====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 01-07-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
3. The instant case arises out of the complaint filed by the opposite party no.2, wife of the petitioner, alleging therein that there was demand of Rs. 1 lakh and a bullet motorcycle and the consequent torture upon her.
4. The matter had earlier been referred to the Mediation
Patna High Court CR. MISC. No.72255 of 2024(4) dt.01-07-2025 2/3 Centre, Patna High Court for resolving the disputes amicably between the parties. The report received from the Mediation Centre is on record which would show that the issues have been resolved between the parties by way of a Memorandum of Agreement dated 16.05.2025 passed in Mediation Proceeding No. 363 of 2025 disclosing the fact that both the parties have become ready to live together as husband and wife and also agreed that the case pending between them would also be compromised between them within a period of six months. It is also agreed by learned counsel appearing on behalf of the complainant that the present situation is that the parties are staying along with each other and leading a peaceful conjugal life.
5. In such view of the matter, I am inclined to grant the privilege of anticipatory bail to the petitioner. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Complaint Case No. 2893 of 2022, subject to the condition as laid down under Section 438 (2) of the
Patna High Court CR. MISC. No.72255 of 2024(4) dt.01-07-2025 3/3 Cr.P.C/ 482 (2) of the BNSS, 2023.
6. However, it is expected that both the parties would strictly adhere to the terms and conditions settled by way of the said agreement.
(Soni Shrivastava, J) divyanshi/- U T