Mithilesh Kumar Tiwari @ Mithlesh Tiwari @ Mithlesh Kumar Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4203 of 2022 Arising Out of PS. Case No.-21 Year-2020 Thana- KOCHAS District- Rohtas ====================================================== Mithilesh Kumar Tiwari @ Mithlesh Tiwari @ Mithlesh Kumar Tiwari S/O Dinesh Tiwari R/O Village- Jagdishpur, P.S.- Kochas, District- Rohtas At Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-04-2023 Heard Mr. Jitendra Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Jagdhar Prasad, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection with Kochas P.S. Case No. 21 of 2020 registered under Sections 341, 323, 504, 506 and 498(A) of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.
3. Learned counsel for the parties inform that the parties(couple) have agreed for one time settlement. Petitioner agrees to pay Rs. 10 lakhs to the Opposite Party No. 2 who is his wife and has already paid Rs. 3 lakhs to the Opposite Party No. 2 and seeks for protection for arranging the remaining amount within time.
4. Considering the submission made on behalf of the
Patna High Court CR. MISC. No.4203 of 2022(5) dt.05-04-2023 2/3 petitioner that pursuant to one time settlement, petitioner has already paid Rs. 3 lakhs out of Rs. 10 lakhs in the account of the Opposite Party No. 2 on 03.04.2023 and by 30.06.2023. In terms of the undertaking given by him in the joint agreement, he is now required to make payment of Rs. 7 lakhs in two installments. It would be in the interest of the parties that, the petitioner, who has already been given interim protection by this Court vide order dated 11.10.2022, I am of the opinion that the petitioner has prima facie made out a case to be released on prearrest bail.
5. Let the above named petitioner be released on provisional bail till 30.06.2023, 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 with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Rohtas, Sasaram in connection with Kochas P.S. Case No. 21 of 2020. If the petitioner deposits remaining amount of Rs. 7 lakhs in terms of the agreement entered into with the Opposite Party No. 2 within the aforesaid period, the provisional bail of the petitioner shall be made absolute on such terms and conditions as the Court below deem it fit and proper and the conditions as laid down under Section 438(2) of the
Patna High Court CR. MISC. No.4203 of 2022(5) dt.05-04-2023 3/3 Cr.P.C.
6. The parties are at liberty to avail appropriate remedy in accordance with law.
7. Accordingly, the present bail application is disposed of.
(Purnendu Singh, J) minu/manish U T