Santosh Mandal v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15352 of 2019 Arising Out of PS. Case No.-418 Year-2016 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== SANTOSH MANDAL Son of Ramjatan Mandal R/o village- Sursand, P.SSursand, District- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lalita Devi Wife of Santosh Mandal, D/o Amiri Mandal At present resident of village- Kuama, P.S- Sursand, District- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. C1-418 of 2016 in which cognizance has been taken under Section 498A of the Indian Penal Code.

On appearance of opposite party No.2 the matter was referred to the Patna High Court Mediation and Conciliation Centre and the report of Mediator at Flag 'Q' disclosed that mediation failed.

Submission of learned counsel for the petitioner is that he was ready for one time settlement but dispute arose with respect to amount of settlement as petitioner was ready to pay Rs.50,000/-, whereas opposite party No.2 was demanding

Patna High Court CR. MISC. No.15352 of 2019(5) dt.21-08-2019 2/3 Rs.1.5 lac for one time settlement.

Heard learned APP and learned counsel for opposite party No.2 and after some argument both learned counsel for the petitioner and learned counsel for opposite party No.2 agreed for one time settlement for which petitioner to pay Rs.1.25 lac in five instalments to opposite party No.2.

In view of above facts and circumstances, let petitioner surrender by 9.9.2019 along with a Bank Draft of Rs.25,000/- payable in favour of opposite party No.2 and on deposit of such amount petitioner shall be released on provisional bail for a period of four months by the court below itself and during that period petitioner shall pay the remaining amount in four equal instalments of Rs.25,000/- each in the second week of every succeeding months. Once the total amount is deposited, the court below shall confirm bail bonds of the petitioner. It is made clear that on failure to deposit any of the instalments learned court below is at liberty to cancel the bail bonds of the petitioner. It is further made clear that the amount so deposited will be released in favour of opposite party No.2.

Further it is expected that both the parties have to abide by the outcome of the case and opposite party No.2 shall

Patna High Court CR. MISC. No.15352 of 2019(5) dt.21-08-2019 3/3 withdraw the case and further both the parties shall take steps for any mutual settlement of their marital relationship. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T