Mukesh Kumar v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14746 of 2019 In CRIMINAL MISCELLANEOUS No.48940 of 2016 Arising Out of PS. Case No.-111 Year-2016 Thana- MADHEPURA COMPALINT CASE District- Madhepura ====================================================== MUKESH KUMAR Son of Shri Nand Kishore Yadav Resident of VillageRajganj, P.O and P.S-Bihariganj, Dist.-Madhepura ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR AND ANR Bihar 2.
Manisha Kumari W/o Mukesh Kumar Resident of Village-Rajganj, P.O and P.S-Bihariganj, Dist.-Madhepura presently D/o Sri Vijendra Yadav resident of Madhepura Ward No-2, Anand Bihar, Muhalla, P.S and Dist.-Madhepura ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Mishra For the Opposite Party/s :
Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-03-2019 Heard the learned counsel for the petitioner. Earlier prayer for anticipatory bail of the petitioner was disposed off by this Court by order dated 01.05.2017 passed in Cr. Misc. No. 48940/2016, in which it was observed if both the parties are not ready to live together, the Court below will try for one time settlement provided both sides agree on the terms and conditions of one time settlement.
Learned counsel for the petitioner has submitted that in terms of the aforesaid order dated 01.05.2017, one time settlement was arrived at between the parties. Petitioner has already made payment of Rs. 7 lacs out of Rs. 10 lacs. The
Patna High Court CR. MISC. No.14746 of 2019(2) dt.27-03-2019 2/2 petitioner will pay rest amount, i.e. Rs. 3 lacs after filing of divorce case under Section 13(B) of the Hindu Marriage Act. The petitioner has been released on provisional bail in compliance of order dated 01.05.2017 passed in Cr. Misc. No. 48940/2016.
The order dated 01.05.2017 is modified with direction to the court below that in the event one time settlement has been arrived at between the parties and petitioner has already made payment of Rs. 7 lacs, the provisional bail granted to the petitioner will be confirmed.
(Sanjay Priya, J) rakhi/- U T