Rinku Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1476 of 2019 Arising Out of PS. Case No.-548 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Rinku Prasad son of Santosh Kumar @ Santosh Prasad Resident of Mohalla - Nalband Toli, Near Remand Home, Police Station - Alamganj, District - Patna At present Resident of Mohalla - Kachchi Ghat, Chamdoria, Police Station - Chowk, District - Patna.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Radha Devi Rinku Prasad Resident of - Nalband Toli, Near Remand Home, Police Station - Alamganj, District - Patna At present Resident of Mohalla - Kachchi Ghat, Chamdoria, Police Station - Chowk, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyamal Prakash For the Opposite Party/s :

Mr.Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-05-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.548 of 2017 , registered for offences punishable under Sections 498A of the Indian Penal Code and Section 4 of the D.P. Act..

This case is under Section 498A of the IPC and earlier the matter was referred to the Mediation Committee, vide order dated 22.2.2019 and the report of the Mediation is available at flag 'Y' that discloses that the dispute between the parties has been resolved on the terms of settlement mutually agreed upon by them and it further appears that the petitioner has already paid Rs.01 lac by the bank draft .

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court CR. MISC. No.1476 of 2019(5) dt.06-05-2019 2/2 circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Patna City, Patna in connection with Complaint Case No.548 of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition that both the parties will abide by terms and conditions as agreed upon before the Mediator and the petitioner shall pay the amount as per the terms and conditions and if the petitioner fails to abide by the terms and conditions to pay the amount, the O.P.no.2 is at liberty to move for cancellation of his bail bond. Let a copy of the mediator report along with the memorandum of agreement be sent to the court below. With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T