Abhitesh Kumar @ Abhitesh Barnwal @ Sipu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8064 of 2024 Arising Out of PS. Case No.-106 Year-2023 Thana- SIMULTALLA District- Jamui ====================================================== Abhitesh Kumar @ Abhitesh Barnwal @ Sipu Son Of Umesh Prasad Barnwal Resident Of Village- Telwa Bazar, Ps- Simultalla, Dist- Jamui ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nilam Kumari Wife Of Abhitesh Kumar @ Abhitesh Barnwal @ Sipu Resident Of Village- Telwa Bazar, Ps- Simultalla, Dist- Jamui At Prsent Resident Of Village- Biyahi, Po and Ps- Rikhiya, Dist- Dewghar, Jharkhand ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukul Jee For the Opposite Party/s :

Ms.Gulnar Begum Mr.Chhote Lal Mishra Mr.Prabeen Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-05-2024 Heard learned counsel for the petitioner, learned A.P.P. and learned counsel for 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 341, 323, 498(A) and 506/34 of the Indian Penal Code.

3. Earlier, vide order dated 04.03.2024, the matter was referred to Mediation & Conciliation Centre of Patna High Court for exploring the possibility of amicable settlement between the parties and vide report dated 15.04.2024, the Mediator has reported that the dispute between the parties has been resolved amicably through the process of mediation and both parties are ready to live together, as husband & wife, and

Patna High Court CR. MISC. No.8064 of 2024(3) dt.06-05-2024 2/2 petitioner undertakes to keep opposite party no.2 with full honour & dignity and both parties will withdraw their cases in the Court below. These facts have been mentioned in Memorandum of Agreement dated 15.04.2024 attached with Mediator's report (flag 'M').

4. 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 J.M. - Ist Class, Jamui in connection with Simultala P.S. Case No. 106 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that petitioner shall abide by all the terms & conditions, mentioned in Memorandum of Agreement dated 15.04.2024 before the Mediation Centre, failing which, learned Court below shall be at liberty to cancel the bail-bond of the petitioner.

(Prabhat Kumar Singh, J) anay U T