Ghuran Thakur v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50212 of 2015 Arising Out of PS.Case No. -259 Year- 2014 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ====================================================== Ghuran Thakur, son of Rasik Lal Thakur, resident of village Dhata Tola, P.S. Laukaha (Lalmaniya), district Madhubani .... Petitioner

Versus

1. The State of Bihar

2. Shila Devi, wife of Ghuran Thakur, son of Rasik Lal Thakur, resident of village Dhata Tola, P.S. Laukaha (Lalmaniya), district Madhubani, at present daughter of Kishun Thakur, resident of village Lalmaniya, P.S. Laukaha (Lalmaniya), district Madhubani .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Manish Kumar No 13, Adv. For the State : Mr. Ajay Kr. 1(App) For the complainant : Mr. Sanjay Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 17-03-2016 Heard the learned counsel for the petitioner, the complainant and the State.

Both the parties are present in Court.

It has been submitted by the learned counsel for the petitioner that the petitioner is ready for compromise. The learned counsel for the opposite party no. 2 contends that the victim-opposite party no. 2 is also ready for one time settlement, in view of the fact that the petitioner has solemnized a second marriage and the petitioner offers that he is ready to compromise the dispute on payment of rupees two lakhs. The learned counsel for the petitioner, however, ready to pay rupees two lakhs to compromise the case between the parties and submits that on payment of the aforesaid amount both the parties will withdraw the case either criminal or maintenance, pending between the parties and submits that the petitioner is not able to pay rupees two lakhs at one time and prayed that it may be ordered to pay the amount in installments.

Patna High Court Cr.Misc. No.50212 of 2015 (4) dt.17-03-2016 It has been agreed that the petitioner will give the first installment of rupees fifty thousand within one month and will give the second amount of rupees fifty thousand after three months and, thereafter, he will go on paying rupees twenty five thousand at the interval of two months, till rupees two lakhs is paid and after payment of the entire amount the parties will withdraw their cases and proceed to the Court, concerned, to compromise the case and the case be compromised in terms of the agreement between the parties and during the period the petitioner will continue on interim bail.

However, any breach in payment of the amount shall be ground for cancellation of the interim bail, granted to the petitioner, and the interim bail shall be confirmed on the payment of the entire amount. It may be noted that the amount shall be paid in the account of opposite party no. 2, Shila Devi and opposite party no. 2 shall provide account number in the Court below and to the petitioner to deposit the amount and the Court below is directed to look into that the amount is being paid, as per the direction given and if it is found that there is any breach, the bail bond of the petitioner shall immediately be cancelled and issue process against the petitioner and shall proceed to disposed off the case in terms of the compromise.

With these observations and directions, this application is disposed off.

(Gopal Prasad, J) SA/- U √ T √