Allowed

Md. Shahid v. The State of Bihar

Patna HC28 Aug 2024CR. MISC./14828/2024

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in a complaint case under Sections 498A and 323 IPC, alleging the matrimonial dispute was settled through mediation with Rs. 2,00,000 paid per agreement dated 25.04.2024. The court allowed the bail prayer subject to Section 438(2) CrPC conditions and compliance with the mediation agreement.

What did the court decide?

Anticipatory bail granted: on arrest/surrender within six weeks, petitioner to be released on Rs. 10,000 bond with two like sureties, subject to s.438(2) CrPC and the mediation agreement terms.

Md. Shahid Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14828 of 2024

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Arising Out of PS. Case No.-1183 Year-2023 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur

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

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MD. SHAHID SON OF MD. SULEMAN R/O-MALUPUR BAHUARA, P.S.-PATEPUR, DISTT.-VAISHALI

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR 2. HALIMA KHATOON WIFE OF MD. SAHID R/O-MALUPUR BAHUARA, P.S.-PATEPUR, DISTT.-VAISHALI. AT PRESENT RESIDING AT- JHITAKI, P.S.-KURHANI, DISTT.-MUZAFFARPUR (MOB. NO. 95255590252)

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner : Ms. Kumari Sujata Sinha, Advocate For the State : Ms. Meena Singh, APP For Opposite Party No.2 : Mr. Mazharul Hassan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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7 28-08-2024

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Heard learned counsels for the parties.

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The petitioner apprehends his arrest in a complaint

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case registered for the offence punishable under Sections 498A and 323 of the Indian Penal Code.

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At the outset, learned counsel appearing on behalf of the petitioner submits that the dispute between the parties has been settled through process of mediation. The terms of settlement mutually agreed upon by the parties and the same is kept at ‘Flag-A’. He further submits that in terms of Paragraph No. 2 of the agreement dated 25.04.2024, petitioner has handed

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Patna High Court CR. MISC. No.14828 of 2024(7) dt.28-08-2024 2/3

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over Rs. 2,00,000/- (Two lacs rupees) cash to Mr. Mazharul Hassan, learned counsel who appears on behalf of the complainant/Opposite Party No. 2, in Court today.

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Learned counsel for the complainant/Opposite Party No. 2 does not dispute the aforesaid contentions.

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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.

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Accordingly, in the event of arrest/surrender within

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a period of six 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 each to the satisfaction of learned Addl. Chief Judicial Magistrate (West) Muzaffarpur, in connection with Complaint Case No. 1183 of 2023, 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 25.04.2024 annexed with the Mediator’s report (flag ‘A’), failing which, learned Court

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Patna High Court CR. MISC. No.14828 of 2024(7) dt.28-08-2024 3/3

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below shall be at liberty to cancel the bail-bond of the petitioner.

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(Prabhat Kumar Singh, J)

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shashank/-

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U T

Md. Shahid v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Shahid v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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