Irshad Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76348 of 2023 Arising Out of PS. Case No.-1116 Year-2022 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== IRSHAD KHAN SON OF ASHRAF KHAN @ MD. ASHRAF KHAN RESIDENT OF VILLAGE - DANDHRA @ DOGHRA @ DIGHRA, P.S. - JALE, DISTRICT - DARBHANGA ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

AFRIN KHATOON WIFE OF IRSHAD KHAN, D/O. MD. SAGIR RESIDENT OF VILLAGE - DANDHRA @ DOGHRA @ DIGHRA, P.S. - JALE, DISTRICT - DARBHANGA AT PRESENT RESIDENT OF VILLAGE - BHAIROPATI, P.S. - BAHADURPUR, DISTRICT - DARBHANGA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar , Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP For the informant :

Mr. Girish Chandra Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-08-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 307, 307/ 34, 498A , 379 and 406 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.

3. At the outset, learned counsel appearing on behalf of the petitioner submits that the dispute between the parties has been settled through process of mediation. The terms of settlement mutually agreed upon by the parties and the same is kept at 'Flag-M'.

Patna High Court CR. MISC. No.76348 of 2023(5) dt.27-08-2024 2/2

4. Learned counsel for the informant/Opposite Party No. 2 does not dispute the aforesaid contentions.

5. Considering the fact that dispute between the parties has already been resolved through the process of mediation, the prayer for grant of anticipatory bail to the petitioner is allowed.

6. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Darbhanga in connection with Complaint Case No. 1116 of 2022 , Tr. No. 2850 of 2022 , subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that the petitioner shall abide by all the terms & conditions, mentioned in Memorandum of Agreement dated

01. 08.2024 annexed with the Mediator's report (flag 'M'), failing which, learned Court below shall be at liberty to cancel the bail-bond of the petitioner.

(Prabhat Kumar Singh, J) Koushik/- U T