Sikandar Paswan v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8481 of 2019 Arising Out of PS. Case No.-1048 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SIKANDAR PASWAN, aged about 27 years, Male, Son of Ujagir Paswan, Resident of Village-Dudhichak, P.S.-Masaurhi ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Nishu Devi, aged about 27 years, Female, Daughter of Antu Paswan, Wife of Sikandar Paswan, Resident of Village-Dudhichak, P.S.- Masaurhi, District - Patna at present resident of Village-Lathar, P.O.- Saidabad, P.S.- Ranitalab, Patna ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Ashok Kumar Sinha, Adv.

For the Opposite Parties :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

No one appears on behalf of opposite party no. 2. The petitioner seeks pre-arrest bail in connection with Complaint Case No. 1048(C) of 2017, registered under Sections 498A, 379 and 34 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.

Learned counsel appearing on behalf of the petitioner submits that on the joint prayer of the learned counsel for the parties the matter was sent to Patna High Court Mediation Center where the petitioner and opposite party no. 2, who are husband and wife, settled their dispute amicably with agreement to lead their conjugal life and, accordingly, memorandum of

Patna High Court CR. MISC. No.8481 of 2019(4) dt.03-02-2020 2/2 agreement was prepared on 13.12.2019, which is part of the Report of the Mediator, dated 17.12.2019.

Since, the petitioner and opposite party no. 2, who are husband and wife, have settled their dispute in terms of the memorandum of agreement, hence, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Complaint Case No. 1048(C) of 2017 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Subdivisional Judicial Magistrate, Danapur, Patna, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T