Patna High CourtCR. MISC./23579/2024bail granted

Bijendra Rai v. The State Of Bihar

2025-01-15Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23579 of 2024 Arising Out of PS. Case No.-121 Year-2020 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Bijendra Rai S/O Lalbabu Rai R/O Village- Suraudha, P.S- Baniyapur, Distt.- Saran ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Rina Devi, W/o Bijendra Rai, D/o Amardeo Rai, R/o Village Mubarakpur, P.S. Marhowrah, District - Saran.

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

For the Petitioner/s :

Mr.Harish Kumar,Adv.

For the Opposite Party/s :

Mr.Rajendra Singh,APP Mr.Mukesh Kr. Singh, Adv., OP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-01-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for opposite party no. 2.

2. The petitioner, husband of opposite party no. 2, apprehends his arrest in a complaint case punishable for the offence under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. At the outset, learned counsel for the petitioner submits that the dispute between the parties has been settled amicably through the process of mediation and both parties have agreed to live peacefully and for this, the petitioner offered to pay Rs. 4,000/- (Rupees four thousand) per month towards maintenance of opposite party no. 2 and their son and opposite party no. 2 has accepted the offer and gave her consent.

Patna High Court CR. MISC. No.23579 of 2024(5) dt.15-01-2025 2/3

4. Learned counsel for the opposite party no. 2 does not dispute and confirms the fact regarding settlement entered into between the parties.

5. Here, it is relevant to mention that earlier, with consent of the parties, the matter was referred to Mediation & Conciliation Centre of Patna High Court to explore the possibility of settlement between the parties, which has been resolved in terms of Memorandum of Agreement annexed with Mediator's report.

6. Considering the fact that dispute between the parties has been resolved, the prayer for anticipatory bail of petitioner is allowed.

7. Let the petitioner, as named above, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Chapra, Saran in connection with Complaint Case No. 121 of 2020 / Tr. No. 3175 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that petitioner shall abide by all the terms & conditions, mentioned in Memorandum of Agreement, failing which,

Patna High Court CR. MISC. No.23579 of 2024(5) dt.15-01-2025 3/3 learned Court below shall be at liberty to cancel the bail-bond of the petitioner.

(Prabhat Kumar Singh, J) anay U T