Kanchan Kumar Das v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4600 of 2019 Arising Out of PS. Case No.-936 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Kanchan Kumar Das Ram Prasad Das @ Prasadi Das Resident of Ganga Sarai, P.S.-Barhia, District- Lakhi Sarai, at present Resident of 4A Marcus Squarter, P.S.-Jjorasanko, District- Kolkata (West Bengal). ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Kiran Kumari Kanchan Kumar Das, D/o Sri Bhola Prasad Resident of Mohalla- Radha Krishna Mandir Noon Ka Chouraha, P.S.- Khajekala, District-Patna.

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

For the Petitioner/s :

Mr.Md. Aslam Ansari For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2019 Heard learned counsel for the petitioner, learned counsel for the complainant as well as learned counsel for the State.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 936/2017, disclosing offences under Section 498A, 323, 341, 379, 420, 406, 504, 149 of the Indian Penal Code and Section.

Petitioner happens to be husband of the complainant and allegation against him is of subjecting the complainant to cruelty in connection with demand of dowry.

Earlier the matter was referred to Patna High Court Mediation and Conciliation Center and the report of learned

Patna High Court CR. MISC. No.4600 of 2019(7) dt.30-08-2019 2/2 Mediator has been received, which is kept on record and from perusal of the same, it appears that the dispute between the parties have resolved through the process of mediation on the terms of settlement as mentioned in the memorandum of agreement. It further appears that both the parties have agreed to live separately and petitioner offered to pay Rs. One Lakh as one time settlement and opposite party no. 2 accepted the same and has already received the draft of Rs. One Lakh. Opposite party no. 2 also agreed to withdraw the case and will not proceed with the case. Learned counsel for the petitioner as well as learned counsel for opposite party no. 2 have admitted the factum of settlement between the parties and handing over the draft of Rs. One Lakh.

In view of the above facts, this application is allowed . Provisional bail earlier granted to the petitioner vide order dated 29.01.2019 is confirmed.

Let a copy of mediator's report as well as memorandum of agreement be sent to the concerned court below forthwith. (Vinod Kumar Sinha, J) sunilkumar/- U T