Rajeev Bhan Singh @ Rajeev Bhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5920 of 2016 Arising Out of PS.Case No. -75 Year- 2015 Thana -MARANCHI District- PATNA ======================================================
1. RAJEEV BHAN SINGH @ RAJEEV BHAN son of Kamal Nayan Singh @ Kamal Singh, resident of village- Chhachu Bigha, P.S.- Katrisarai, District- Nalanda .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Yogendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-06-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 323, 406, 342, 494, 506 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
The basic accusation is of torture for nonfulfilment of dowry demand and performing second marriage. On the joint prayer of the parties, the matter was referred to the Mediation & Conciliation Centre of the State Legal Services Authority. The report of the Mediator at Flag-B dated 11.05.2016 reflects that the issue has been resolved between the parties. Both sides decided to part ways on payment of one time settlement amount of Rs. 10,00,000/-(ten lacs) by the petitioner to the informant, out of which Rs. 3,00,000/-(three lacs) will be paid by 2nd week of July, 2016
Patna High Court Cr.Misc. No.5920 of 2016 (4) dt.27-06-2016 2/3 and the rest amount will be paid till November, 2016. Both sides also agreed to withdraw the cases filed against each other. One girl child borne out of the wedlock will reside with the informant/O.P. No. 2 and petitioner will pay Rs. 7000/- per month to the informant till the girl child completes her education of class 10th. The petitioner will also bear all the cost of her higher education and marriage. The informant/O.P. No. 2 will allow the petitioner to meet his child from time to time. Learned counsel for the informant does not controvert the terms of the agreement.
In the circumstance, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail till November, 2016 on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Barh, Patna in connection with Maranchi P.S. Case No. 75 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The provisional bail of the petitioner will be confirmed by learned court below on payment of Rs. 10,00,000/-(ten lacs) till November, 2016 by the petitioner to the informant.
Both sides will be at liberty to file appropriate application if either side breaches the condition of the
Patna High Court Cr.Misc. No.5920 of 2016 (4) dt.27-06-2016 3/3 agreement.
Let the report of the Mediator including the terms of the agreement be transmitted to the learned Court below.
(Dinesh Kumar Singh, J) Shageer/- U T