IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 42195 of 2019
Arising Out of PS Case No.-78 Year-2019 Thana- KORHA District- Katihar
Md. Asfak @ Asfak Alam, aged about 24 years (Male), Son of Manjur Alam,
Resident of Sonbarsa, PS-Korha, District-Katihar.
… … Petitioner/s
Versus
1. The State of Bihar
2. Muslema Khatoon, aged about 21 years (Female) Wife of Md. Asfak @
Asfak Alam, Daughter of Habibul Rahman, Resident of Village-Raksi, PS-
Korha, District-Katihar.
… … Opposite Party/s
Appearance :
For the Petitioner/s : Mr. Praveen Kumar, Advocate
For the Opposite Party/s : Mr. Sanjeev Kumar, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 16-11-2019
Heard learned counsel for the petitioner; learned APP for
the State and learned counsel for the opposite party no. 2.
2. The petitioner apprehends arrest in connection with
Korha PS Case No. 78 of 2019 dated 02.03.2019 instituted under
Sections 323/Section498A/Section313/Section504 and Section506/Section34 of the Indian Penal Code.
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3. Earlier by order dated 12.07.2019, the Court had
granted provisional bail to the petitioner while sending the matter
to Mediation.
4. The learned Mediator had initially submitted an
interim report on 05.10.2019 asking for some more time and
finally he has submitted report on 21.10.2019 stating that inspite of
best and sincere efforts the dispute between the parties could not
be resolved through the process of Mediation, which has failed.
5. Having regard to the aforesaid, learned counsel for the
petitioner was called upon to address on merits. He submitted that
the petitioner is ready to keep the opposite party no. 2.
6. Learned counsel for the opposite party no. 2
submitted that the petitioner’s intention is not clean as the terms of
the settlement during the Mediation was not accepted by the
petitioner. It is further submitted that earlier the petitioner had
assaulted the wife leading to abortion.
7. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, the Court
is not inclined to allow the prayer for pre-arrest bail to the
petitioner.
8. Accordingly, the application stands dismissed.
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9. The provisional bail granted earlier by order dated
12.07.2019, stands withdrawn. The petitioner shall surrender
before the Court below forthwith.
(Ahsanuddin Amanullah, J.)
Anand Kr.
AFR/NAFR
U
T