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Patna High CourtCR. MISC./75631/2023bail granted

Md. Meraj Anwar @ Md Mehraj Anwar v. The State Of Bihar

2024-03-29Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75631 of 2023 Arising Out of PS. Case No.-367 Year-2020 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Md. Meraj Anwar @ Md Mehraj Anwar S/O Md. Jamil Ahmad MohallaBhikhanpur, Gomti No. 3, Fakir Takia Lane, Ps. Ishak Chak, Dist. Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gausia Parween W/O Md. Meraj Anwar, D/O Late Md. Zaheer MohallaShahbaz Nagar, Moulana Chak, Ps. Mojahidpur, P.O. Tatarpur, Dist. Bhagalpur-812002 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Syed Masleh Uddin Ashraf For the Opposite Party/s :

Mr.Dilip Kumar No. 1 Ms. Shweta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-03-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel appearing on behalf of OP No. 2, Ms. Shweta.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 498A, 504 and 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3.

The learned counsels for the parties jointly submit that the case was referred for mediation and the dispute in between the petitioner and the OP No. 2 stands resolved by way of one-time settlement. It is next submitted that before the

Patna High Court CR. MISC. No.75631 of 2023(4) dt.29-03-2024 2/3 learned Mediator, the petitioner has agreed to pay an amount of Rs. 4 lakhs to the OP No. 2. It is further submitted that out of Rs. 4 lakhs, Rs. 50,000/- is to be paid by the petitioner to the OP No. 2 by the first week of April 2024, and the rest of the amount shall be paid within a period of 8 months which comes to an end on 21-11-2024.

4.

The learned counsel for the petitioner submits that the petitioner will honour the terms of compromise and will make the payment as per the schedule fixed by the learned Mediator.

5.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 367 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6.

However, the OP No. 2 shall be at liberty to file an application before the court seeking cancellation of the

Patna High Court CR. MISC. No.75631 of 2023(4) dt.29-03-2024 3/3 anticipatory bail granted to the petitioner in the event the petitioner does not pay the amount, as agreed before the learned Mediator within the time aforesaid.

7.

At this stage, the learned counsels for the parties submit that the case has been listed under the heading "FOR ORDERS (ON OFFICE NOTES)" for the reason that the report of the learned Mediator has not reached the court but then submits that the parties have a copy of the agreement entered in between the petitioner and the OP No. 2 before the learned Mediator.

(Satyavrat Verma, J) SUMIT/- U T