Md. Samee @ Md. Sameer Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3137 of 2024 Arising Out of PS. Case No.-21 Year-2019 Thana- MAHILA PS District- Darbhanga ====================================================== Md. Samee @ Md. Sameer Khan son of Late Abdul bahab Khan Resident of village- Morwara, p.s.- Biraul, District- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nasreen Praveen daughte of Md. Sakir Khan Resident of village- Baigani p.s.- Bahera, District- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sada Nand Roy, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP For OP 2 :

Mr. Saroj Kumar , Advocate Mr. Bindu Kumari , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-09-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341 , 323 , 498A , 504 and 34 of the Indian Penal Code and Section 3 /4 of the D. P Act.

3 . At the outset, learned counsel appearing on behalf of the petitioner submits that the dispute between the parties has

Patna High Court CR. MISC. No.3137 of 2024(4) dt.10-09-2024 2/3 been settled through process of mediation. The terms of settlement mutually agreed upon by the parties and the same is kept at 'Flag-M'.

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 eight 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 connection with Darbhanga Mahila P S Case No. 21 of 2019, 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 04.09.2024 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 .

7. (a) Petitioner shall pay the entire amount to the

Patna High Court CR. MISC. No.3137 of 2024(4) dt.10-09-2024 3/3 opposite party No. 2 through Demand Draft in installments as full and final settlement, as agreed vide memorandum of agreement dated 04.09.2024 kept at Flag 'M'.

(b) Opposite party no. 2 shall file an affidavit before the concerned court below and bring on record her saving bank account number and her name by annexing passbook for its communication to the petitioner within two weeks from today . (Prabhat Kumar Singh, J) Koushik/- U T