IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41737 of 2008 AMIR HAMZA Versus STATE OF BIHAR ----------- 4. 17.12.2008 The matter has come up under the heading “ For Orders (On Office Notes)” in which it is reported that the vakalatnama on behalf of opposite party No.2 has not yet been filed. Today the vakalatnama for opposite Party No.2 is being filed in Court by Mr. Saghir Ahmad, Advocate. Opposite Party No.2 is also present in the Court. Let the vakalatnama be kept in the record. Both the parties agree that the anticipatory bail application may be disposed of at this stage itself. Accordingly, the matter is taken up for final disposal. Earlier also, the petitioner had approached this Court with a prayer for anticipatory bail by filing Cr.Misc.No.47748/2007, which was dismissed by order dated 23.5.2008 after taking a note of the facts as they existed on that day. The matter relates to a complaint case filed by opposite party No.2 under Section 498-A of the Indian Penal Code and Section 3/ 4 of the Dowry Prohibition Act. It is submitted by learned counsel for the petitioner that in the present matter the petitioner and his sister were married respectively with opposite party No.2 and her brother. Some differences took place between both the couples and that has resulted in filing of the present case. It is stated that ultimately good sense has prevailed between the parties and, accordingly, they have entered into a Memorandum of Understanding dated 26.8.2008 ( Annexure-5), in paragraph No.2 of which it is stated as 2 follows:- “That both the parties agrees to withdraw the case filed against the first party case No.2664/2007 arising out of C.N. 1713 of 2007 U/S 498-A IPC and 3/ 4 D.P. Act before the Court of S.D.J.M., East Muzaffarpur, Bihar and co-operate each other to dispose/withdraw any other case, if pending anywhere in the country”. It is submitted that on the basis of the said Memorandum of Understanding the sister of the petitioner has agreed not to oppose the petition for quashing the criminal case which she has filed against the brother and other relations of opposite party No.2 before the criminal Court in Delhi and on the basis of the said undertaking the interim bail has been granted to the accused persons including the brother of opposite Party No.2 in the said case. In view of the aforesaid developments and considering the Memorandum of Understanding arrived at between the parties and the statements of opposite party No.2 made in the Court today that she does not oppose the prayer for anticipatory bail of the petitioner, it is directed that the petitioner (Amir Hamza) in the event of his arrest/surrender in the Court below within four weeks from today shall be released on bail on furnishing bail bond of Rs. 10,000/ with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, East Muzaffarpur in connection with Complaint Case No. 1713/2007, subject to the applicable conditions as laid down under Section 438 (2) Cr.P.C. VPS ( Ramesh Kumar Datta,J.)