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Patna High CourtCR. MISC./7533/2019bail granted

Chandan Kumar @ Chandan Prasad v. The State Of Bihar And ANR

2019-09-11Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7533 of 2019 Arising Out of PS. Case No.-281 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Chandan Kumar @ Chandan Prasad Son of Vinay Prasad Resident of Sabarchak Hata (Near Nakhas Par), P.S.- Malsalami, Dist.- Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Gauri Devi Wife of Chandan Prasad @ Chandan Kumar Resident of Sabarchak Hata (Near Nakhas Par), P.S.- Malsalami, District - Patna at present Alamganj Chauki, Kedar Nath Ke Math, P.S.- Alamganj, Dist.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Shekhar Sharma, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 281 of 2018, in which cognizance under Sections 323, 341, 504, 498(A) of the Indian Penal Code has been taken.

There is marriage discord between the petitioner and O.P. No.2, it appears that matter was referred for mediation before Patna High Court Mediation Centre and report of learned Mediator dated 19.07.2019 has been submitted which is at Flag 'M' along with the agreement between the petitioner and O.P.

Patna High Court CR. MISC. No.7533 of 2019(10) dt.11-09-2019 2/2 No.2 dated 19.07.2019.

From perusal of the report of learned Mediator, it appears that the parties have mutually agreed to settle their dispute.

Having considered the fact that both the parties have mutually agreed to settle their dispute, I am inclined to grant anticipatory bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Patna City in connection with Complaint Case No. 281 of 2018; subject to condition as laid down hereinabove and under Section 438(2) of the Code of Criminal Procedure, subject to the condition that the petitioner will abide by the terms and conditions of the memorandum of agreement dated 19.07.2019. (Anil Kumar Sinha, J) S.Katyayan/- U T