Arvind Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19647 of 2019 Arising Out of PS. Case No.-163 Year-2017 Thana- BUDDHACOLONY District- Patna ====================================================== ARVIND KUMAR Son of Sri Yogeshwar Prasad, Resident of Mohalla - Court Bazar, Ward no. 13, Near Maharani Asthan, P.S.- Sitamarhi, Distt - Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Arti Kumari Wife of Arvind Kumar, Resident of Village - East Mandiri, P.S.- Buddha Colony, Distt - Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Nikesh For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-10-2021 Heard learned counsel for the petitioner and learned counsel for the opposite party no. 2.

Both the parties are ready to compromise on the payment of reasonable amount for one time settlement of the dispute. A Cheque bearing no. 464404 dated 27.10.2021 of Rs.2,00,000/-(two lakhs) issued in favour of Arti Kumari, has been handed over by the learned counsel for the petitioner to the learned counsel for the opposite party no. 2.

Learned counsel for the opposite party no. 2 has submitted that the opposite party no. 2 has agreed to take/receive Rs.2,00,000/-(two lakhs) as one time settlement and she has also made a prayer that out of wedlock of the couple, a child was borne who is presently aged about 9 years and he is residing with his

Patna High Court CR. MISC. No.19647 of 2019(10) dt.27-10-2021 2/2 mother. Further prayer has been made that as one time settlement, Rs.50,000/- should also be paid for the maintenance of that child. Learned counsel for the petitioner has submitted that the petitioner is labourer and he has no sufficient means for payment of such amount in one go and so he has requested that Rs.50,000/- should be directed to be paid in the installment of Rs.2,500/- per month.

Considering the submission of the learned counsels, let the petitioner above named, in the event of his arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-XVI, Patna in connection with Buddha Colony P.S. Case No. 163 of 2017, subject to condition as laid down under section 438(2) Cr. P.C. Further condition is that the petitioner shall pay Rs.50,000/- to the opposite party no. 2 for the maintenance of her child in the installment of Rs. 2,500/- per month.

Both the parties have submitted that they will settle all the disputes pending between them in different courts. (Nawneet Kumar Pandey , J) Mahesh/- U T