Abrar Hussain Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Abrar Hussain Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Bail in the event of arrest or surrender within six weeks: petitioner to be enlarged on bail on furnishing bail bond of Rs.10,000 with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Darbhanga in connection with Complaint Case No. 582 of 2022, Tr. No. 2433 of 2023, subject to section 438(2) CrPC conditions and compliance with the Memorandum of Agreement dated 11.07.2024.

Issue for consideration

Whether the petitioner, apprehending arrest in a complaint case punishable under Sections 341, 323, 324, 307, 498(A), 504 and 506 of the Indian Penal Code and 3/4 of the D.P. Act, ought to be enlarged on bail in the event of arrest or surrender.

Court's answer

Considering that the dispute between the parties has already been resolved, in the event of arrest or surrender within six weeks, the petitioner is to be enlarged on bail on furnishing a bail bond of Rs.10,000 with two sureties of the like amount each, to the satisfaction of the learned Sub Divisional Judicial Magistrate, Darbhanga, subject to the conditions under section 438(2) CrPC.

Ratio / Principle

Bail is subject to the petitioner abiding by all terms and conditions of the Memorandum of Agreement dated 11.07.2024 annexed with the Mediator's report (flag 'A'), failing which the learned court below shall be at liberty to cancel the bail-bond.

Detailed headnote1 paragraphs

Bail granted in the event of arrest or surrender to a husband apprehending arrest in Complaint Case No. 582 of 2022 (Tr. No. 2433 of 2023, SDJM Darbhanga; PS Case No. 582/2022), alleging offences punishable under Sections 341, 323, 324, 307, 498(A), 504 and 506 IPC and 3/4 of the D.P. Act. Since the matrimonial dispute had been resolved through mediation (report dated 16.07.2024, flag 'A', with Memorandum of Agreement dated 11.07.2024) — a fact not disputed by the learned A.P.P. or opposite party no. 2 — the Court directed enlargement on bail on a bail bond of Rs.10,000 with two like sureties, subject to the conditions under section 438(2) CrPC and, additionally, conditional on the petitioner abiding by all terms of the mediation agreement, failing which the court below may cancel the bail-bond.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13486 of 2024

Arising Out of PS. Case No.-582 Year-2022 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga

======================================================

Abrar Hussain son of Anwarul Hussain Village- Singhia Bank Road PsSinghia Dist- Samastipur

... ... Petitioner/s

Versus

The State of Bihar

Husne Aara Jen wife of Abrar Hussain Village- Singhia Bank Road PsSinghia Dist- Samastipur P/A- Late Alam Jeb Mohalla Po- Ps- Laharia Sarai Dist- Darbhanga

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Mazharul Hassan, Advocate For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP For OP 2 : Mr. Md. Harun Quareshi , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 22-07-2024 1. Heard learned counsel for the petitioner and the

State.

The petitioner, husband of opposite party no. 2, apprehends his arrest in a complaint case punishable for the offence under Sections 341, 323, 324, 307, 498(A), 504 and 506 of the Indian Penal Code and 3/ 4 of the D. P Act.

It is submitted on behalf of the petitioner that dispute between the parties has been resolved through the process of mediation vide mediation report dated 16.07.2024 kept at flag ‘ A ’.

Learned A.P.P as well as Opposite No. 2 does not

Patna High Court CR. MISC. No.13486 of 2024(4) dt.22-07-2024 2/2

dispute with the contention made on behalf of the petitioner.

Considering the aforesaid fact that dispute between

the parties has already been resolved, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 the learned Sub Divisional Judicial Magistrate, Darbhanga in connection with Complaint Case No. 582 of 2022 Tr. No. 2433 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure with following condition:

“That petitioner shall abide by all the terms & conditions, mentioned in Memorandum of Agreement dated 11.07.2024 annexed with the Mediator’s report (flag ‘A’), failing which, learned Court below shall be at liberty to cancel the bail-bond of the petitioner .”

(Prabhat Kumar Singh, J)

Koushik/-

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