Sonu Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15308 of 2015 Arising Out of PS.Case No. -163 Year- 2014 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Sonu Kumar son of Munna Kumhar, resident of village- Pipra, P.S.- Bihia, District- Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sunita Devi W/o Sonu Kumar, resident of village- Pipra, P.S.- Bihia, District- Bhojpur, at present village- Nimej, P.S.- Brahmpur, District- Buxar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s For the Opposite Party/s : Mr. Sangita Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-09-2016 None appears on behalf of the petitioner.

The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A and 406/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of the dowry demand.

The matter was referred to the Mediation & Conciliation Centre of Patna High Court vide order dated 07.10.2015. The report of the Mediator dated 16.08.2016 at flag-'K' reflects that issue has been resolved between the parties.

The learned counsel for the informant does not dispute

Patna High Court Cr.Misc. No.15308 of 2015 (11) dt.26-09-2016 2/2 the fact that issue has been resolved between the parties at the mediation centre and is also not opposing the prayer of bail of the petitioner.

In the circumstances, let the above named petitioner be released on provisional anticipatory bail for six weeks, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Ara in connection with Mahila P.S. Case No. 163 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be confirmed by learned court below on appearance of the petitioner and filing affidavit giving undertaking to comply the terms of the settlement as stipulated in the report of the mediation. (Dinesh Kumar Singh, J) Amrendra/- U T