Kundan Kumar @ Kundan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13777 of 2024 Arising Out of PS. Case No.-530 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== KUNDAN KUMAR @ KUNDAN YADAV S/O BALIRAM YADAV @ RAMBALI YADAV R/O VILLAGE- PINDRA KHURD, P.S- DOBHI, DISTT.- GAYA.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

GUDIYA KUMARI D/O KAULESHWAR YADAV R/O VILLAGEAURA, POST- SAHDEO KHAP, P.S- MAGADH UNIVERSITY, DISTT.- GAYA AND ALSO VILLAGE- PINDRA KHURD, P.S- DOBHI, DISTT.- GAYA.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mrs.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner, State and 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 341, 323, 504, 494, 498(A), 379/34 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act.

3. At the outset, learned counsel for both the parties submit that the dispute between the parties has been settled amicably through the process of mediation and as per memorandum of agreement dated 18.07.2024, both parties have agreed not to proceed with the case, withdraw all pending cases

Patna High Court CR. MISC. No.13777 of 2024(4) dt.31-07-2024 2/3 between them and to live separately and for this, the petitioner offered to pay Rs. 50,000/- (Rupees fifty thousand), as full and final settlement amount to opposite party no. 2 and opposite party no. 2 has accepted the offer and gave her consent.

4. Here, it is relevant to mention that earlier, vide order dated 08.05.2024, 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, vide report of the Mediator dated 18.07.2024, kept at flag 'B'.

5. In view of aforesaid facts and circumstances, in the event of arrest/surrender within a period of six 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. - I, Sherghati, District - Gaya / concerned court in connection with Sherghati (Dobhi) P.S. Case No. 530 of 2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition to the petitioner shall abide by all the terms & conditions, mentioned in Memorandum of Agreement dated 18.07.2024 annexed with the Mediator's report (flag 'B'), failing which,

Patna High Court CR. MISC. No.13777 of 2024(4) dt.31-07-2024 3/3 learned Court below shall be at liberty to cancel the bail-bond of the petitioner.

(Prabhat Kumar Singh, J) anay U T