Abhishek Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 12875 of 2022 Arising Out of PS. Case No.-3362 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== ABHISHEK SINGH S/o Late Madan Mohan Singh R/o village and PostKothwan (Khagaul), P.S.- Khagaul, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kumari Priyanka W/o Abhishek Singh, D/o Vijay Kumar Singh Residing at Bajitpur, Makhdumpur, Gate No. 92, Puja Flower Mill, Digha Ghat, P.S. and Post- Digha, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhijeet Abhigyan, Advocate Mr. Kumar Prabhakar , Advocate For the State :

Mr. Rajesh Kumar , Addl. Public Prosecutor For the Opposite Party No. 2 :

Mr. Vishal Vikram Rana, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 498A and 323 and other allied sections of the Indian Penal Code .

3. As per the prosecution case, petitioner along with other family members committed torture to the informant (victim) due to non-fulfilment of demand of dowry.

4. By filing supplementary affidavit, it is submitted on behalf of the petitioner that even after failing proceedings at Mediation and Conciliation Centre, the said matter had been

Patna High Court CR. MISC. No. 12875 of 2022(8) dt.20-09-2023 2/3 mediated by the respective advocates of both the parties for resolution of dispute and as such they have resolved all their disputes amicably and it is agreed between them that there is no possibility of the parties living together and they agreed to dissolve their marriage by way of mutual consent divorce U/s 13(b)(1) & 13(b)(2) of H . M. A . It is also agreed between the parties that the petitioner (Abhishek Singh) shall pay total amount of Rs. 14,50000/- (Rupees Fourteen Lakhs Fifty Thousands only) to his wife (Kumari Priyanka) in the form of alimony i. e . in two installments equally - First Installments Rs. 7,25,000/- ( Rupees Seven Lakh Twenty Five Thousands) after the conclusion of first motion of divorce and Second and final installments Rs. 7,25,000/- (Rupees Seven Lakh Twenty five Thousands ) after the conclusion of second motion of Mutual divorce.

5 . Learned counsel for the O . P . No. 2 agreed to the contention made on behalf of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let this 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 the

Patna High Court CR. MISC. No. 12875 of 2022(8) dt.20-09-2023 3/3 learned Judicial Magistrate First Class Patna in connection with Complaint Case No. 3362 ( C) of 2019, subject to the conditions laid down under section 438 of the Code of Criminal Procedure .

7. Needless to state that both the parties would abide by the terms conditions mentioned in compromise petition as mentioned in supplementary affidavit filed on behalf of petitioner.

(Prabhat Kumar Singh, J) Kaushik/- U T