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12.07.2019, stands withdrawn.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