Mukesh Sah @ Mukesh Sahu v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12661 of 2016 Arising Out of PS.Case No. -768 Year- 2015 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Mukesh Sah @ Mukesh Sahu Son of Ganesh Sah Resident of Mohalla - Chauhatta, P.S. Town Hajipur, District - Vaishali .... .... Petitioner/s
Versus
1. The State of Bihar
2. Amisha Kumari @ Manisha Kumari W/o Mukesh Sah, D/o Kishori Sah At Present residing at village - Baikunthpur, P.S. Rajapakar, District - Vaishali .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brajesh Kumar Singh For the Opposite Party/s : Mr. Dr.Ravinddra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12/ 30-03-2017 Heard Mrs. Madhvi, learned counsel for the petitioner, Mr. Ashok Kumar, learned counsel for the informant-opposite party no.2 and Mr. J.N. Thakur, learned counsel for the State. .
The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 498A/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
The basic accusation is of torture for nonfulfillment of the dowry demand and making assault. It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.12661 of 2016 (12) dt.30-03-2017 2/3 petitioner that the petitioner admits his marriage with the informant having no issue.
A joint compromise petition has been filed today with stipulation that the petitioner and the informant have decided to part ways on payment of one time settlement amount of Rs.4,50,000/-. A draft of the said amount bearing Draft No. 250200 8440100041 000001 16 issued by Allahabad Bank dated 06.03.2017 has been handed over by the counsel for the petitioner to the counsel for the informant for being handing over to the informant. It is expected from the learned counsel for the informant to make endorsement to that effect on record. The parties have also agreed to dissolve the marriage through Matrimonial Suit No. 305 of 2015 which is already pending and withdraw/compromise Maintenance Case No. 196 of 2015 and present case being Hajipur Town P.S. Case No. 768 of 2015.
Counsel for the informant does not controvert the contention of the learned counsel for the petitioner and is not opposing the prayer for anticipatory bail of the petitioner.
Patna High Court Cr.Misc. No.12661 of 2016 (12) dt.30-03-2017 3/3 period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 768 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (Dinesh Kumar Singh, J.) U T