The Special Judge granted bail to the petitioner in a case under Sections 498A IPC and Section 3/4 D.P. Act following a successful mediation report where both parties had settled the dispute.
Petitioner directed to surrender within four weeks to be enlarged on bail of Rs. 10,000 with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1709 of 2016
Md. Imtiyaz Khan @ Bablu Khan …… Petitioner Versus
1.The State of Jharkhand 2. Sarvari Khatoon …… Opposite Parties CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
For the Petitioner : Mrs. J. Mazumdar, Advocate For the State : A.P.P For the O.P. No. 2 : Mr. Shekhar Pd. Sinha, Advocate 06/Dated: 17/10/2016
Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Dhanbad P.S. Case No. 143 of 2016, corresponding to G.R. No 508 of 2016, for the offence registered under sections 498A of the Indian Penal Code and under section 3/4 D.P. Act.
Pursuant to order dated 29.08.2016 the matter was referred for mediation to the Secretary-cum-Coordinator, Mediation Centre, Dhanbad. Report of the mediation dated 04.10.2016 has been received. From its perusal, it appears that mediation has succeeded. Both the parties have settled the disputes. Today, petitioner and opposite party no. 2 are physically present before this Court. Opposite party no. 2 has submitted that the matter has been settled and she is living with her husband happily.
In view of the aforesaid facts, the above named petitioner is directed to surrender in the Court below within four weeks from the date of this order and in the event of his arrest or surrender the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand), with two sureties of the like amount each to the satisfaction of learned C.J.M, Dhanbad in connection with Dhanbad P.S. Case No. 143 of 2016, corresponding to G.R. No 508 of 2016, subject to condition as laid down under section 438(2) Cr.P.C. It is further ordered that if the petitioner violates the terms and conditions arrived in agreement, it is open to the opposite party no. 2 to file application for cancellation of bail of the petitioner before this Court through learned counsel.
Let an original mediation report be sent to the concerned Court and a photo copy of the mediation report be kept on record.
Let a copy of this order be handed over to the learned counsel for the opposite party no. 2 and a copy of this order be sent to the concerned Court.
(Anant Bijay Singh, J.)
Satyarthi/-
2 issues framed by the court
Whether the petitioner should be granted bail upon surrender given the successful mediation report.
Whether bail conditions can be imposed in a dispute settlement scenario involving domestic offences.
1 provisions across 1 enactments
Md. Imtiyaz Khan @ Bablu Khan
The State of Jharkhand
Sarvari Khatoon
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
