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Patna High CourtCR. MISC./13836/2019allowed

Dharmendra Mistry @ Dharmendra Kumar v. State Of Bihar And ANR

2019-07-23Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13836 of 2019 Arising Out of PS. Case No.-1811 Year-2014 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Dharmendra Mistry @ Dharmendra Kumar, Son of Madan Mistry, Resident of Village - Padariya P.S. Nardiganj District Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bindu Devi, Wife of Dharmendra Mistry, Daughter of Dinesh Mistry, Resident of Village - Dhamni P.S. Rajauli District Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 1811 of 2014, disclosing offences under Sections 498A, 406 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

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 02.05.2019. 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. The Mediator's report

Patna High Court CR. MISC. No.13836 of 2019(5) dt.23-07-2019 2/3 disclosed that petitioner has paid Rs.4,00,000/- to the opposite party no.2 by bank draft and they are ready to live separately and will not raise any claim against each other and both the parties will withdraw the case pending before the learned court below.

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, above named, surrender before the learned court below on 05.08.2019 and on surrender, he will be released 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 S.D.J.M., Nawada in connection with Complaint Case No.1811 of 2014, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

It is expected that both the parties shall respect the terms and conditions as agreed between them and will be abide by the same.

Let a copy of Mediator's report along with terms of agreement be sent to the court concerned for needful. With the aforesaid observations, this application is

Patna High Court CR. MISC. No.13836 of 2019(5) dt.23-07-2019 3/3 allowed.

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