Lalu Yadav @ Lalu Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12737 of 2024 Arising Out of PS. Case No.-27 Year-2023 Thana- MAHILA P.S. District- Nawada ====================================================== Lalu Yadav @ Lalu Kumar Yadav S/O Bhola Yadav R/O Village- Chhotaki Amba, Ps.- Nemdarganj, Dist.- Nawada.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shobha Devi D/O Lalu Yadav R/O Villae- Chhotaki Amba, Ps.- Nemdarganj, Dist.- Nawada.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Adv.
For the State :
Mr. Humayou Ahmad Khan, APP For the O.P. No. 2 :
Mr. Anuj Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party No. 2.
2. The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 27 of 2023 registered under Sections 341, 323, 504, 506, 498(A)/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 both parties have agreed to live separately and for this, the petitioner offered to pay Rs. 4,00,000/- (Rupees four lacs) in installments, as full and final
Patna High Court CR. MISC. No.12737 of 2024(5) dt.21-08-2024 2/3 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 18.04.2024, 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 08.08.2024, kept at flag 'M', and in compliance of Mediator's report, counsel for the opposite party no. 2 namely Mr. Anuj Kumar receives a Demand Draft of Rs. 1,00,000/- (Rupees one lac) in Court itself, bearing D.D.No. 503891 dated 14.08.2024 of State Bank of India, Bihar Sharif Branch.
5. Learned counsel for the complainant/Opposite Party No. 2 does not dispute the aforesaid contentions.
6. In view of the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate-I, Nawada in connection with Mahila P.S. Case No. 27 of 2023, subject to the conditions as laid down under Section 438(2) of
Patna High Court CR. MISC. No.12737 of 2024(5) dt.21-08-2024 3/3 the Cr. P.C. with further following condition: "that petitioner shall abide by all the terms & conditions, mentioned in Memorandum of Agreement dated 08.08.2024 annexed with the Mediator's report (flag 'M') and pay rest amount i.e. Rs. 2,00,000/- (Two lacs) to opposite party no. 2, failing which, learned Court below shall be at liberty to cancel the bail-bond of the petitioner."
(Prabhat Kumar Singh, J) utkarsh/- U T