Pintu Gupta @ Madan Kumar Jaiswal v. The State Of Bihar ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4017 of 2019 Arising Out of PS. Case No.-54 Year-2018 Thana- MAHILA P.S District- West Champaran ====================================================== Pintu Gupta @ Madan Kumar Jaiswal, son of Vyas Gupta @ Ved Vyas Gupta, R/o Village - Godiapatti Ward No. 26. P.S. Bagaha, District West Chamaparan.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Vicky Kumari, D/o Pramod Prasad, R/o Village - Semra Station, P.S. Turkaulia, District East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2019 This is an application for grant of anticipatory bail in connection with Mahila (Bagaha) P.S. Case No.54 of 2018, disclosing offences under Sections 498A, 34 of IPC and Section 3⁄4 of Dowry Prohibition Act.

Case is under Section 498-A of the IPC.

On appearance of the opposite party no. 2, the matter was referred to the Patna High Court Mediation & Reconciliation Center, vide order dated 17.04.2019. The report of Mediator is available on record at Flag "B" which disclosed that the dispute between the parties has been resolved and the terms of settlement mutually agreed upon them, which is part of the mediator's report, is as under:

"(i) Both the parties are ready to live

Patna High Court CR. MISC. No.4017 of 2019(5) dt.16-07-2019 2/3 together in a rental home.

(ii) Petitioner is ready to keep his wife with full love and affection.

(iii) Both parties are ready to not interfere of their families in his/her conjugal life.

(iv) Both the parties are ready to withdraw all the cases which they have filed against each other before any appropriate bench."

Learned counsel for the petitioner and learned counsel for the opposite party no.2 have admitted the above facts. Having heard both sides, considering the above facts and circumstances, as stated above, let the petitioner surrender before the learned court below by 22.07.2019 and on surrender, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned S.D.J.M. Bagaha, West Champaran, in connection with Mahila (Bagaha), P.S. Case No. 54 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with the condition that both the parties will abide by the terms of agreement agreed upon them.

At the same time, it is expected that the opposite party no.2 shall also abide by the terms and conditions of the

Patna High Court CR. MISC. No.4017 of 2019(5) dt.16-07-2019 3/3 memorandum of agreement.

Let a copy of Mediator's report along with terms of agreement be sent to the court concerned for needful. With the aforesaid observations, this application is allowed.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T