Avinash Mall v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18545 of 2021 Arising Out of PS. Case No.-523 Year-2020 Thana- SIKARPUR District- West Champaran ====================================================== AVINASH MALL SON OF KAMLESH MALL RESIDENT OF VILLAGEDUMRA, POLICE STATION- LORIYA, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-04-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Sikarpur P.S. Case No. 523 of 2020 instituted for the offences under Section 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The matter was sent to the Patna High Court Mediation and Conciliation Center for an effective mediation between the petitioner and his wife.

From the mediation report as also from the statement of the learned counsel for the petitioner, it appears that the dispute between the spouses has now been settled and a term of settlement also has been drawn up, which has been mutually agreed upon by the parties.

Patna High Court CR. MISC. No.18545 of 2021(4) dt.15-04-2022 2/2 Considering the afore-noted development in the case, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, West Champaran at Bettiah, in connection with Sikarpur P.S. Case No. 523 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. However for any inexplicable reason, the petitioner does not fulfill his part of the commitment as promised in the mutually agreed terms of settlement, it would be open for the wife of the petitioner to seek cancellation of the anticipatory bail of the petitioner.

The petition stands allowed and disposed off accordingly.

(Ashutosh Kumar, J) sunilkumar/- U T