Md. Jamshed Alam v. The State Of Bihar
Case brief
What is this about?
The Patna High Court modified an order to extend the petitioner provisional bail for six months. The extension was granted as both parties agreed to the terms of the mediation agreement to keep the informant and child with dignity, obscuring the pending confirmation process.
What did the court decide?
Period of provisional anticipatory bail extended to six months pending confirmation by the lower court upon compliance with mediation terms.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4546 of 2014
====================================================== 1. Md. Jamshed Alam Son Of Athar Imam Resident Of Village - Dhamaul, Police Station - Kurtha, District- Arwal.
.... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
3 23-04-2014 The present application has been filed for
modification of the order dated 11.12.2012 passed in Cr. Misc.
No. 19761 of 2012 to the extent of confirming or extending the
period of provisional bail, whereby the petitioner was granted
provisional anticipatory bail for one year in a case registered for
the offences punishable under Sections 313/34, 323, 498A of
the I.P.C. and ¾ of the Dowry Prohibition Act.
The provisional bail of the petitioner was to
be confirmed by learned Court below, if both sides agree to
abide by the terms of the agreement reached before the
Mediation Centre.
The petitioner is still ready to keep the
informant as wife with full dignity and honour and comply the
terms of the agreement reached between the parties before the
Mediation Centre. On instructions, it is submitted by learned
counsel for the informant that offer is acceptable to the
informant.
Both sides agree to appear before learned
Patna High Court Cr.Misc. No.4546 of 2014 (3) dt.23-04-2014
2/2
Court below on 05th of May, 2014 when the petitioner will take the informant and the minor child to keep them with full dignity and honour.
Issues for consideration
3 issues framed by the court
Whether an order granting provisional anticipatory bail should be extended pending confirmation of a mediation agreement.
Whether the agreement reached before the Mediation Centre has been complied with by the parties.
Whether the High Court can modify the order in the lower criminal court without it being an interim order.
Parties & counsel
- petitioner
Md. Jamshed Alam
- respondent
The State Of Bihar
Coram
DINESH KUMAR SINGH
Case details
As recorded by the court registry
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