Vijay Rai v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15416 of 2019 Arising Out of PS. Case No.-1053 Year-2017 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Vijay Rai, Son of Jay Kant Ray R/o village- Darapur, P.O- Gorigama, P.SMahnar, District- Vaishali ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Rina Devi Wife of Vijay Rai, D/o Birchand Ray R/o village- Bawan Gama Jahagirpur Sham, P.O.- Jahagirpur, P.S- Desari (O.P. Chandpura), DistrictVaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-07-2019 Pursuant to order dated 19.07.2019, both petitioner, Vijay Rai and Opposite Party No.2, Rina Devi, are present in person before this Court along with their respective counsels. Upon query made to the petitioner, the petitioner and Opposite party No.2 have agreed to separate themselves and petitioner has offered to pay a total amount of Rs.75,000/- as full and final settlement between them. The Opposite Party No.2 has also agreed to withdraw all the cases lodged against the petitioner and the petitioner has also agreed to withdraw the cases filed by him against Opposite Party No.2. The petitioner has sought some time to pay sum of Rs.75,000/- to Opposite Party No.2 and has submitted that at least one a a half month may be given for making the amount, in question.

In view of the offer made by the petitioner and accepted by

Patna High Court CR. MISC. No.15416 of 2019(6) dt.25-07-2019 2/2 the Opposite Party No.2, the petitioner is directed to pay a sum of Rs.75,000/- in two installment within a period of three months. The first installment of Rs.37,500/- shall be paid by the petitioner within a month by way of bank draft in favour of Opposite Party No.2, namely, Rina Devi.

In view of the settlement arrived at between the parties and taking into consideration the fact that the parties have agreed for full and final settlement, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner is directed to surrender before the learned Court below within a period of six weeks and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Vaishali at Hajipur in connection with Complaint Case No.C1-1053 of 2017, Tr. No.3165 of 2018, subject to the condition that petitioner shall pay sum of Rs.75,000/- as agreed by him. It is made clear that the petitioner at the time of surrender shall also annex the photocopy of the bank draft duly paid to Opposite Party No.2 and acknowledged by her. along with the bail application, sanjeev/- (Anil Kumar Sinha, J) U R