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Patna High CourtCR. MISC./4964/2024bail granted

Ashish Kumar v. The State Of Bihar

2024-07-04Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4964 of 2024 Arising Out of PS. Case No.-318 Year-2023 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== ASHISH KUMAR SON OF MANOJ KUMAR RESIDENT OF VILLAGE - SURKHI MILL BAIRAGI, POLICE STATION - DELHA, DISTRICT - GAYA ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

SHASHI SNEHI SON OF GYAN PRAKASH RESIDENT OF MOHALLA - RAJENDRA ASHRAM, IN FRONT OF HANUMAN MANDIR, P.S. - CIVIL LINES, DISTRICT - GAYA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Akshay Lal Pandit , APP For OP 2 :

Mr. Dheeraj Kumar , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2024 Heard learned counsel for the petitioner, State and complainant / opposite party no. 2.

2. The petitioner, husband of opposite party no. 2, apprehends his arrest in a complaint case punishable for the offence under Sections 420 and 404 of the Indian Penal Code .

3. At the outset, learned counsel for both the parties submit that the dispute between the parties has been settled amicably through the process of mediation and the petitioner offered to pay Rs. 10,50,000/- (rupees ten lacs fifty thousand), as full and final settlement amount to opposite party no. 2 and opposite party no. 2 has accepted the offer and gave his consent.

Patna High Court CR. MISC. No.4964 of 2024(4) dt.04-07-2024 2/2

4. Here, it is relevant to mention that earlier, vide order dated 21.03.2024 with consent of the parties, the matter was referred to Mediation & Conciliation Centre of Patna High Court to explore the possibility of settlement between the parties, which has been resolved, vide report of the Mediator dated 16.05.2024 kept at flag 'M'.

5. In view of aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the petitioner, as named above, be enlarged on bail 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 , Gaya in connection with Complaint Case No. 318 of 2023 , subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition to the petitioner shall abide by all the terms & conditions, mentioned in Memorandum of Agreement dated 16.05.2024 annexed with the Mediator's report (flag 'M'), failing which, learned Court below shall be at liberty to cancel the bail-bond of the petitioner.

(Prabhat Kumar Singh, J) Koushik/- U T