Nitesh Kumar @ Kumar Nitesh v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13301 of 2019 Arising Out of PS. Case No.-2513 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== NITESH KUMAR @ KUMAR NITESH Son of Sri Amrendra Kumar Sinha Resident of Trikut Nagar, Opposite Baba Ashram Kachuara Road, P.S.- Ram Krishna Nagar, District- Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Smt. Neha Sinha Wife of Kumar Nitesh @ Nitesh Kumar, Daughter of Sri Vinay Kumar Sinha Resident of Mukut Sadan, Nand Lal Chapra Chitrakut Nagar, Kachuara Road, near Jagmohan Baba Ashram, P.S.- Agam Kuan, District- Patna, at present Address- Neha Sinha, Daughter of Vinay Kumar Sinha, Resident of Mohalla- Bibiganj, Bhagwanpur, P.S.- Sadar, DistrictMuzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
NONE For the Opposite Party/s :
Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-11-2019 No one appears on behalf of the petitioner as well as the Opposite Party No. 2. Learned Additional Public Prosecutor representing the State is present.
This application, for grant of anticipatory bail, arises out of Complaint Case No. 2513 of 2017, in which cognizance has been taken against the petitioner under Section 498A of the Indian Penal Code.
The petitioner is the husband of the Opposite Party No. 2 and there appears to be matrimonial discord between them. By order, dated 08.07.2019, the matter was referred to the
Patna High Court CR. MISC. No.13301 of 2019(6) dt.05-11-2019 2/2 Patna High Court Mediation and Reconciliation Centre, Patna. The report of the learned Mediator, dated 25.10.2019, is on record. From perusal of the same, it appears that both the parties have already settled their disputes amicably and a joint memorandum of agreement, dated 25.10.2019, have been signed by the parties.
In view of the fact that both the parties have amicably settled their disputes, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Complaint Case No. 2513 of 2017, subject to the conditions (i) laid down under Section 438 (2) of the Code of Criminal Procedure and (ii) both the parties shall abide by the terms and condition of the joint memorandum of agreement, dated 25.10.2019.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √