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Patna High CourtCR. MISC./7618/2019bail granted

Fulgen Sah And ANR v. The State Of Bihar And ANR

2019-08-05Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7618 of 2019 Arising Out of PS. Case No.-210 Year-2016 Thana- SONBERSA District- Sitamarhi ====================================================== 1.

FULGEN SAH Son of Late Laxmi Sah Resident of Village - Saurbhar, P.S._ Bela, District- Sitamarhi.

2.

Pavitri Devi, Resident of Village - Saurbhar, P.S._ Bela, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ram Somari Devi Daughter of Chandradeo Sah Resident of Village - Saurbhar, P.S.-Bela, District- Sitamarhi at Present D/O- Chandradeo Sah, Resident of Village- Pakaria, P.S.- Sonbarsa, District- Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-08-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State as also the learned counsel for the opposite party no.2.

The petitioners apprehend their arrest in connection with Sonbarsa P.S. Case No.210 of 2016 registered under Sections 341, 323, 498(A) and 494 of the Indian Penal Code. Learned counsel for the petitioners submits that, earlier, on the joint prayer of the parties, the matter was referred to the Patna High Court Mediation Centre, Patna, for mediation and settlement of the dispute in between the parties, where the parties have settled their dispute in terms of the memorandum of

Patna High Court CR. MISC. No.7618 of 2019(4) dt.05-08-2019 2/2 agreement dated 10.07.2019, which is the part of the report dated 15.07.2019 of the Mediator, Patna High Court, Patna. On the other hand, learned counsel for the opposite party no.2, while opposes the prayer of the petitioners for grant of privilege of pre-arrest bail but submits that the parties have settled their dispute in terms of the memorandum of agreement dated 10.07.2019, which is the part of the report dated 15.07.2019 of the Mediator, Patna High Court, Patna. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, Sitamarhi, in connection with Sonbarsa P.S. Case No.210 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T