Govind Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13386 of 2019 Arising Out of PS. Case No.-377 Year-2017 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Govind Kumar, Son of Ramji Prasad, Resident of Village- Chiri, P.S.- Ghosi, District- Jehanabad.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kanti Kumari, Wife of Govind Kumar, Daughter of Shiv Charan Prasad A/P, Resident of Village- Jaru, P.S.- Hulasganj, District- Jehanabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-07-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 377 of 2017, disclosing offences under Sections 498A, 323 and 504 of the Indian Penal Code.

Case is under Section 498-A of the IPC.

On appearance of the opposite party no. 2, the matter was referred to the Patna High Court Mediation & Reconciliation Center, vide order dated 30.04.2019. The report of Mediator is available on record at Flag "M" which disclosed that the dispute between the parties has been resolved and the terms of settlement mutually agreed upon them, which is attached with the mediator's report. From the perusal of the

Patna High Court CR. MISC. No.13386 of 2019(4) dt.22-07-2019 2/3 Mediator's report, it appears that apart from others, both the parties are ready to live separately on payment of Rs.4,50,000/- and the said amount has already been paid to the opposite party no.2. It further appears that both the parties agreed that they will not claim further anything from the petitioner in future. Learned counsel for the petitioner and learned counsel for the opposite party no.2 have admitted the above facts. Having heard both sides, considering the above facts and circumstances, as stated above, let the petitioner surrender before the learned court below on 31.07.2019 and on surrender, he will be enlarged on bail on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, in connection with Complaint Case No.377 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with the condition that he will be abide by the terms and conditions as mentioned in the agreement. At the same time, it is expected that opposite party no.2 shall also respect the agreement between them.

Let a copy of Mediator's report along with terms of agreement be sent to the court concerned for needful.

Patna High Court CR. MISC. No.13386 of 2019(4) dt.22-07-2019 3/3 With the aforesaid observations, this application is allowed.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T