Md. Saddab Alam Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

Md. Saddab Alam Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be enlarged on bail upon arrest or surrender within six weeks, on a bail-bond of Rs.10,000/- with two sureties of the like amount each, subject to Section 438(2) CrPC conditions and to compliance with the Memorandum of Agreement dated 02.08.2024 (flag 'M').

Issue for consideration

Whether the petitioner, who apprehends arrest in Complaint Case No. 298 of 2017 punishable under Section 498(A) IPC before learned S.D.J.M. West Muzaffarpur, should be enlarged on (anticipatory) bail, in light of the amicable settlement reached through mediation. +1 more

Court's answer

In the event of arrest/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 learned S.D.J.M. West Muzaffarpur in connection with Complaint Case No. 298 of 2017, subject to the condition laid down under Section 438(2) CrPC.

Ratio / Principle

The bail is further conditioned on the petitioner abiding by all the terms and conditions mentioned in the Memorandum of Agreement dated 02.08.2024 annexed with the Mediator's report (flag 'M'), failing which the learned court below shall be at liberty to cancel the bail-bond.

Detailed headnote1 paragraphs

Anticipatory bail granted by Patna High Court (Cr. Misc. No. 13795 of 2024, decided 06-08-2024, Prabhat Kumar Singh, J) to a petitioner apprehending arrest in Complaint Case No. 298 of 2017 (Section 498(A) IPC, S.D.J.M. West Muzaffarpur) arising from a matrimonial dispute with opposite party no. 2. Following settlement through the Mediation & Conciliation Centre of Patna High Court (referred 09.05.2024) recorded in a Memorandum of Agreement dated 02.08.2024 (flag 'M') whereby the parties agreed to live separately and the petitioner to pay Rs. 1,00,000/- as full and final settlement accepted by opposite party no. 2, bail was granted on arrest/surrender within six weeks on a bail-bond of Rs.10,000/- with two like sureties, subject to Section 438(2) CrPC conditions and expressly tied to the petitioner abiding by all terms of the Memorandum of Agreement, failing which the court below may cancel the bail-bond.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13795 of 2024

Arising Out of PS. Case No.-298 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur

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

Md. Saddab Alam S/O Md. Manzar Alam R/O Madhaul, P.O- Madhaul, P.SSaraiya, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

The State Of Bihar

Shahina Perween D/O Md. Shahabuddin R/O Village- Raksha, P.O- Raksha, P.S- Karza, Distt.- Muzaffarpur.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Takshin Nayyar Siddiqui Mr. Shubhankar Raj Ms. Sneha Ranjan For the Opposite Party/s : Mr.Dr. Ajeet Kumar Mr.Arun Kumar ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 06-08-2024

Heard learned counsel for the petitioner, State and

complainant / opposite party no. 2.

The petitioner, husband of opposite party no. 2, apprehends his arrest in a complaint case punishable for the offence under Section 498(A) of the Indian Penal Code.

At the outset, learned counsel for both the parties

submit that the dispute between the parties has been resolved amicably through the process of mediation and both parties have agreed to live separately and for this, the petitioner offered to pay Rs. 1,00,000/- (Rupees one lac), as full and final settlement amount to opposite party no. 2 and opposite party no. 2 has accepted the offer and gave her consent, as per Memorandum of Agreement dated 02.08.2024 attached with Mediation Report at

Patna High Court CR. MISC. No.13795 of 2024(4) dt.06-08-2024 2/2

flag ‘M’.

Here, it is relevant to mention that earlier, vide order dated 09.05.2024, with consent of the parties, the matter was referred to Mediation & Conciliation Centre of Patna High Court to explore the possibility of settlement between the parties.

In view of aforesaid facts and circumstances, in the event of arrest/surrender within a period of 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 learned S.D.J.M. West Muzaffarpur in connection with Complaint Case No. 298 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition to the petitioner shall abide by all the terms & conditions, mentioned in Memorandum of Agreement dated 02.08.2024 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)

anay

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