Shekh Irshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71042 of 2022 Arising Out of PS. Case No.-56 Year-2022 Thana- MAINATAND District- West Champaran ====================================================== Shekh Irshad Son of Late Shekh Jahangir R/o Village- Bastha Parsauni, P.S.- Mainatand, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Rubiyana Khatoon Wife of Shekh Irshad @ Irshad Alam R/o Village Bastha Parsauni, P.S.- Mainatand, District- West Champaran, At Present D/O Shekh Hafeez, R/O Village- Jabdi, P.S.- Mangha, District- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Sunil Kumar No.III, Advocate For the State :

Mr. Surendra Prasad Singh, APP For O.P. No.2 :

Mr. Amarendra Nath Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in connection with Mainatand P.S. Case No.56 of 2022, registered for the offences punishable under Sections 323, 307, 498(A), 354, 384, 504, 506 and 34 of the Indian Penal Code as well as under Sections 3 and 4 of the Dowry Prohibition Act. Petitioner, who is husband of O.P. No.2, alongwith other in-laws tortured O.P. No.2 physically and mentally for non-fulfillment of demand of additional dowry. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as

Patna High Court CR. MISC. No.71042 of 2022(4) dt.26-06-2023 2/3 stated in paragraph-3 of the bail petition. It is further submitted that by order dated 14.03.2023, the matter was referred to the Patna High Court Mediation Centre for resolving the dispute between the parties and the matter has been compromised between them.

Learned counsel appearing on behalf of O.P. No.2 submits that he has no instruction regarding compromise between the parties.

Perused the Mediator's Report at Flag 'A'. The learned Mediator has report that "It has been informed by the Counsel of petitioner that in Domestic Violence Case No.22 of 2022 between the same parties they are living together from 30th May, 2023.

Hence, this mediation proceeding has been closed as settled."

Considering the submissions of learned counsel for the petitioner and the report of the learned Mediator, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M.,

Patna High Court CR. MISC. No.71042 of 2022(4) dt.26-06-2023 3/3 Bettiah in connection with Mainatand P.S. Case No.56 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T