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Patna High CourtCR. MISC./16470/2023bail granted

Prawin Kumar @ Pramit Kumar @ Pravin Kumar v. The State Of Bihar

2023-12-13Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16538 of 2023 Arising Out of PS. Case No.-199 Year-2022 Thana- Khagaria Complaint case DistrictKhagaria ====================================================== PRAMIT KUMAR @ PRAWIN KUMAR @PRAVIN KUMAR Son of Rambahadur Singh R/V- Karana PS- Parbatta, Dist- Khagaria (bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Kumari Wife of Pramit Kumar @ Prawin Kumar, D/o Shani Char Singh R/V- Babu Chakala, P.O- Mahaddhipur P.S- Parbatta, Dist- khagaria (Bihar) ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 16470 of 2023 Arising Out of PS. Case No.-224 Year-2022 Thana- PARBATTA District- Khagaria ====================================================== PRAWIN KUMAR @ PRAMIT KUMAR @ PRAVIN KUMAR Son of Rambahadur Singh Resident of Village - Karana, P.S.- Parbatta, District - Khagaria (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Kumari Wife of Prwit Kumar @ Prawit Kumar @ Pravin Kumr D/oShani Char Singh, Resident of village - Babu Chakala, P.O.- Mahaddhipur, P.S.- Parbatta, District - Khagaria (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 16538 of 2023) For the Petitioner/s :

Mr.Bishweshwar Ram For the State :

Mr.Yogendra Kumar Singh For the O. P. No. 2 :

Mr. Mani Shankar Kumar (In CRIMINAL MISCELLANEOUS No. 16470 of 2023) For the Petitioner/s :

Mr.Bishweshwar Ram For the State :

Mr.Yogendra Kumar Singh For the O. P. No. 2 :

Mr. Mani Shankar Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-12-2023

1. Heard learned Counsel for the petitioner, learned Counsel for the Opposite Party No. 2 and learned Additional Public Prosecutor for the State, in both the cases.

2. These applications, for grant of anticipatory bail, arise out of Complaint Case No. 199C of 2022, in which

Patna High Court CR. MISC. No.16538 of 2023(4) dt.13-12-2023 2/3 cognizance has been taken for the offences punishable under Sections 498-A/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act and Parbatta Police Station Case No. 224 of 2022, disclosing offences punishable under Sections 341/323/506/498-A/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

3. The petitioner is the husband of the Opposite Party No. 2.

4. Both, learned Counsel for the petitioner as well as Opposite Party No. 2, jointly submit that the matter was referred for mediation and before the learned Mediator, both the parties have arrived at an amicable settlement and an agreement, dated 10.10.2023, has been executed between the parties having terms and conditions mentioned therein.

5. Learned Counsel for the petitioner submits that the petitioner has fulfilled the terms and conditions as arrived in the agreement, dated 10.10.2023 and a sum of Rs. 5,00,000/- has already been given to the Opposite Party No. 2.

6. Learned Counsel for the Opposite Party No. 2 accepts that the Opposite Party No. 2 has received the amount of Rs.

Patna High Court CR. MISC. No.16538 of 2023(4) dt.13-12-2023 3/3 5,00,000/- from the petitioner.

7. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties have arrived at the amicable settlement and they are also ready to abide by the terms and conditions of the agreement, dated 10.10.2023, I am inclined to grant the petitioner privilege of anticipatory bail.

8. These applications are, accordingly, allowed.

9. Let the petitioner, above named, in both the cases, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Khagaria, in connection with Complaint Case No. 199C of 2022 and Parbatta Police Station Case No. 224 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √