Rajesh Sah @ Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9246 of 2024 Arising Out of PS. Case No.-9 Year-2023 Thana- MAHILA PS District- Khagaria ====================================================== Rajesh Sah @ Rajesh Kumar Son of Anandi Sah Resident of Village-Phultora, P.S.-Alauli, District-Khagaria.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Usha Devi Wife Of Rajesh Sah @ Rajesh Kumar, Daughter Of Aklu Sah Resident of Village - Salha Chand, P.S. - Bithan, District - Samastipur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Sumiran Rai,Adv.
For the Opposite Party/s :
Mr.Ram Bilash Roy Raman,APP Mr.Shailendra Kr. Singh, Adv. For OP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-01-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for opposite party no. 2.
2. The petitioner, husband of opposite party no. 2, apprehends his arrest in a case registered for the offence under Sections 498(A), 313 & 34 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act.
3. At the outset, learned counsel for the petitioner submits that the dispute between the parties has been settled amicably through the process of mediation and both parties have agreed to live together, as husband and wife. Petitioner also undertakes to keep opposite party no. 2 with full respect and dignity.
4. Learned counsel for the opposite party no. 2 does not dispute the aforesaid contention and confirms the fact
Patna High Court CR. MISC. No.9246 of 2024(6) dt.15-01-2025 2/2 regarding the settlement entered into between the parties.
5. Here, it is relevant to mention that earlier, with consent of the parties, the matter was referred to Mediation & Conciliation Centre of Patna High Court to explore the possibility of settlement between the parties, which has been resolved in terms of Memorandum of Agreement annexed with Mediator's report.
6. In view of aforesaid facts and circumstances, in the event of arrest/surrender within a period of eight 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 A.C.J.M., Khagaria in connection with Mahila P.S. Case No. 09/2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with condition that petitioner shall abide by all the terms & conditions, mentioned in Memorandum of Agreement, failing which, the learned Court below would be at liberty to cancel the bail-bond of petitioner."
(Prabhat Kumar Singh, J) anay U T