Mithilesh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11771 of 2019 Arising Out of PS. Case No.-234 Year-2018 Thana- BRAHMPURA District- Muzaffarpur ====================================================== Mithilesh Prasad Son of Ram Bhagat Baitha Resident of Village - Hasanpur Jitwarpur, P.S.- Mufassil Samastipur, District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Advocate For the Opposite Party/s :
Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-07-2019 The petitioner apprehends his arrest in connection with Brahampura P.S. Case No. 234 of 2018 registered under Sections 420, 406, 467, 468, 323, 504 and 120B of the Indian Penal Code.
The dispute between the parties has been resolved amicably in mediation proceeding and the report of learned Mediator dated 05.07.2019 is on record containing the terms and conditions of settlement. As per the terms of settlement, petitioner has agreed to pay a sum of Rs. 34 lacs in favour of opposite party nos. 2 and 3, out of which, a total sum of Rs. 20 lacs has been paid by the petitioner in favour of opposite party nos. 2 and 3 equally to the tune of Rs. 10 lacs. Remaining balance amount of Rs. 14 lacs would be paid in two equal installments as agreed between the parties. The parties have also agreed not to proceed with the respective cases i.e., Smastipur
Patna High Court CR. MISC. No.11771 of 2019(4) dt.11-07-2019 2/2 SC/ST P.S. Case No. 24 of 2018 filed by the wife of the present petitioner and Brahmpura P.S. Case No. 234 of 2018 filed by the opposite party no. 2.
After having heard learned counsel for the parties and taking into consideration the fact that after settlement between the parties, as per mediation report, the terms of the settlement have been acted upon by the petitioner, I am inclined to grant anticipatory bail to the petitioner, subject to the fulfillment of the terms and conditions, in toto as mentioned in the settlement dated 05.07.2019.
Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Brahampura P.S. Case No. 234 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) Sujit/ S. Katyayan/- U T