Md. Nasrullah Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Md. Nasrullah Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: upon arrest/surrender before the learned court below within six weeks, release on bail bonds of Rs.25,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions; liberty reserved to opposite party no.2 to seek cancellation of bail bonds on non-compliance with the Mediator's report.

Issue for consideration

Whether the petitioner, who apprehends arrest in the case (Complaint Case No. 2052-C/2022) registered under sections 498(A) and 323 IPC for alleged dowry-related torture, and whose counsel reports the dispute resolved through mediation, should be released on anticipatory bail.

Court's answer

On consideration of the facts (including the reported mediation-based resolution of the dispute), the petitioner is to be released on anticipatory bail if arrested or upon his surrender before the learned court below within six weeks, on furnishing bail bonds of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the court where the case is pending or its successor court.

Ratio / Principle

The anticipatory bail is made subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Key takeaways

If the petitioner fails to comply with the report of the learned Mediator, opposite party no.2 is at liberty to apply before the learned court below for cancellation of the petitioner's bail bonds.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail - Ss. 498A/323 IPC - dowry torture allegation - mediation. The High Court of Judicature at Patna (Anjani Kumar Sharan, J), by oral order dated 20-11-2024, granted anticipatory bail to the petitioner apprehending arrest in Complaint Case No. 2052-C/2022 (PS Case No. 2052 of 2022, District Araria) arising from an allegation of torture upon the victim due to non-fulfillment of a dowry demand, taking into account counsel's submission that the parties' dispute had been resolved through mediation (Mediator's report dated 27.09.2024, tagged Flag-M). Release was ordered upon arrest/surrender before the court below within six weeks on bail bonds of Rs.25,000/- with two sureties of like amount, subject to Section 438(2) Cr.P.C. conditions. Non-compliance with the Mediator's report entitles opposite party no.2 to apply for cancellation of the bail bonds before the court below.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21513 of 2024

Arising Out of PS. Case No.-2052 Year-2022 Thana- COMPLAINT CASE District- Araria

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

Md. Nasrullah Son Of Md. Jassimuddin Resident Of Village- Raghepura, PsPatauna, Distt- Madhubani

... ... Petitioner/s

Versus

The State Of Bihar

Sabana Khatun Wife Of Md. Nasrullah Resident Of Village- Sundari, PsKursakata, Distt- Araria

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Ms. Manisha Khushi, Advocate For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

5 20-11-2024

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in a case registered under sections 498(A) and 323 of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry.

It is submitted by learned counsel for the petitioner that the dispute between the parties has been resolved through the process of mediation. The report dated 27.09.2024 of the learned Mediator has been tagged as Flag-M to this application.

Considering the aforesaid facts, let the petitioner,

Patna High Court CR. MISC. No.21513 of 2024(5) dt.20-11-2024 2/2

named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Complaint Case No. 2052-C/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

It is made clear that if the petitioner fails to comply with the report of the learned Mediator, the opposite party no.2 would be at liberty to file an application before the learned court below to cancel the bail bonds of the petitioner.

(Anjani Kumar Sharan, J)

Guddu/-