Patna High CourtCR. MISC./2143/2022bail granted

Prem Kumar v. The State Of Bihar

2023-03-17Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2143 of 2022 Arising Out of PS. Case No.-159 Year-2021 Thana- KATEYA District- Gopalganj ====================================================== Prem Kumar Son Of Lalu Ram Resident of Village - Suksenwa, P.S.- Kateya, Distt.- Gopalganj (Bihar).

... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anirudh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-03-2023 Heard Mr. Anirudh Kumar Sinha, learned Counsel appearing on behalf of the petitioner and Mr. Tarkeshwar Nath Thakur, learned A.P.P. appearing on behalf of the State.

2. The petitioner seeks pre-arrest bail in connection with Kateya P.S. Case No. 159 of 2021 for the offences punishable under Sections 341, 323, 324, 504, 307, 34 and 498(A) of the Indian Penal Code and Section 3 /4 of Dowry Prohibition Act.

3. The prosecution story, in brief, is that the petitioner and Opposite Party No. 2 faced strained relationship. The petitioner agreed for mediation, the assurance was made on behalf of the Opposite Party No. 2 that she is ready to lead a

Patna High Court CR. MISC. No.2143 of 2022(6) dt.17-03-2023 2/3 happy married life, the result, however, is negative. The mediation failed and now the parties have agreed to mutually separate with each other. Both the parties agreed for one time settlement and an agreed amount to be paid by the petitioner is Rs. 5,00,000/-. The record shows that Rs. 1,00,000/- has been paid by the petitioner to Opposite Party No. 2 and the rest amount is required to be paid to her by 30.04.2023.

4. Considering, the aforesaid development, the petitioner is directed to be released on pre-arrest bail subject to the terms and conditions as agreed by the parties on 23.02.2023 before the learned Mediator. The anticipatory bail will, however, be subject to the terms and conditions that the petitioner must pay Rs. 4,00,000/- on or before 30.07.2023, in case he fails to abide by the agreed terms and conditions then the present bail granted to the petitioner will automatically loose its force.

5. Court below is directed to release the petitioner on anticipatory bail subject to the conditions as mentioned above, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Kateya P.S. Case No.

Patna High Court CR. MISC. No.2143 of 2022(6) dt.17-03-2023 3/3 159 of 2021, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) nilmani/minu U T