Allowed¶24

Mehtab Alam @ Saiyd Mehtab Alam @ Mahtab Alam v. The State Of Bihar

Patna HC22 Mar 2025CR. MISC./66802/2024

Case brief

AI extract

What is this about?

Anticipatory bail granted after court-annexed mediation settlement; matrimonial dispute; dowry allegations; S.498A IPC with Ss.341/323/504 IPC and Ss.3/4 Dowry Prohibition Act; FIR Bodhgaya P.S. Case No.790 of 2023, Gaya, Bihar; bail bond Rs.30,000 with two sureties; Chief Judicial Magistrate Gaya; conditions under Section 438(2) CrPC; Patna High Court Mediation and Reconciliation Centre; single judge oral order dated 22-03-2025.

What did the court decide?

Anticipatory bail: petitioner to be released on arrest or surrender before the Court below within four weeks on furnishing bail bond of Rs.30,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya, in Bodhgaya P.S. Case No. 790 of 2023, subject to conditions under Section 438(2) CrPC. ¶24

Mehtab Alam @ Saiyd Mehtab Alam @ Mahtab Alam Vs The State… — Dowry and Cruelty | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who is apprehending arrest in Bodhgaya P.S. Case No.790 of 2023 (offences under Sections 341/323/498A/504 IPC and Sections 3/4 Dowry Prohibition Act), in view of the settlement arrived at in mediation.

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Court's answer

On the facts and circumstances, the petitioner is directed to be released on anticipatory bail in the event of arrest or surrender before the Court below within four weeks, in connection with Bodhgaya P.S. Case No. 790 of 2023.

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Ratio / Principle

Release is on furnishing bail bond of Rs.30,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya.

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Key takeaways

The bail grant is subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.ratio¶24
The grant rests on the submissions made by the parties together with the Mediator's report recording the terms of settlement between them.ratio¶23

Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J) allowed an anticipatory bail application in CR. MISC. No.66802 of 2024 arising from Bodhgaya P.S. Case No.790 of 2023 (lodged 09.10.2023) for offences under Sections 341/323/498A/504 IPC and Sections 3/4 of the Dowry Prohibition Act, a matrimonial/dowry dispute between husband and wife. Following referral of the matter to the Patna High Court Mediation and Reconciliation Centre by order dated 03.10.2024 and a settlement between the parties recorded in the Mediator's report, the petitioner was directed to be released on anticipatory bail upon arrest or surrender within four weeks, on bail bond of Rs.30,000/- with two like sureties to the satisfaction of the Chief Judicial Magistrate, Gaya, subject to the conditions under Section 438(2) CrPC.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66802 of 2024

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Arising Out of PS. Case No.-790 Year-2023 Thana- BODHGAYA District- Gaya

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

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Mehtab Alam @ Saiyd Mehtab Alam @ Mahtab Alam Son of Md. Pyare Hassan Resident of Village- Narkatia, P.S. Bodhgaya, District- Gaya

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... ... Petitioner/s

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Versus

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The State Of Bihar

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Neha Parween Wife of Mehtab Alam @ Saiyd Mehtab Alam @ Mahtab Alam Resident of Village- Narkatia, P.S. Bodhgaya, District- Gaya

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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3 22-03-2025

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Heard Learned Counsel for the petitioner, Learned

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Counsel for the informant and learned Additional Public Prosecutor for the State.

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The petitioner is apprehending arrest in connection with Bodhgaya P.S. Case No.790 of 2023, lodged on 09.10.2023, for the offences punishable under Sections 341/323/498A/504 of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act.

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Counsel submits that vide order dated 03.10.2024 this matter is referred before the Patna High Court Mediation and Reconciliation Centre. Counsel submits that the mediation report is attached and in the mediation report the

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Patna High Court CR. MISC. No.66802 of 2024(3) dt.22-03-2025 2/3

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parties have reached at the settlement. The copy of the

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settlement is attached. The term of the settlement is as follows:

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Patna High Court CR. MISC. No.66802 of 2024(3) dt.22-03-2025 3/3

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Learned Counsel for the State submits that

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settlement has already taken place.

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In the light of the submissions made by the parties as well as the report of Mediator in which term of settlement is hereinabove mentioned.

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In the present facts and circumstances of the case, the petitioner, above named, is directed to be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs.30,000/- (Three Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya, in connection with Bodhgaya P.S. Case No. 790 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Dr. Anshuman, J)

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Mkr./-

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U T

Mehtab Alam @ Saiyd Mehtab Alam @ Mahtab Alam v. The State Of Bihar

Case brief

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Mehtab Alam @ Saiyd Mehtab Alam @ Mahtab Alam v. The State Of Bihar

Case brief

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