Patna High CourtCR. MISC./17856/2023bail granted

Rahul Singh v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17856 of 2023 Arising Out of PS. Case No.-153 Year-2022 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== RAHUL SINGH S/O- SHYAM SINGH Permanent Resident - Sakeen Shadhipur Ps- Munger Sadar Dist- Munger Presently- Flat No--3A, Pratiksha Apartment Ps- Parnashree Behala Chorsasta Dist South 24 Pargana W. Bangal ... ... Petitioner/s

Versus

The State of Bihar 2.

Vidushi Bharti wife of Rahul Singh D/O- Naveen Kumar Mohalla- New Chanakya Nagar Thana- Nagar Dist- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anurag Saurav For the State :

Mr.Awadhesh Kumar Singh For the informant :

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

1. Heard learned Counsel for the petitioner, learned Counsel for the complainant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 153 of 2022, in which cognizance has been taken for the offences punishable under Section 498-A 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. Learned Counsel for the petitioner submits that both the parties have come to an amicable settlement before the

Patna High Court CR. MISC. No.17856 of 2023(4) dt.13-12-2023 2/3 learned Mediator and the petitioner has to pay a sum of Rs. 7,00,000/- by way of one-time settlement. He further submits that the petitioner is not able to pay the said amount in one instalment; rather, he prays that three instalments may be fixed for payment of said amount of Rs. 7,00,000/- to the Opposite Party No. 2.

5. Learned Counsel for the Opposite Party No. 2 has no objection to the prayer made on behalf of the petitioner.

6. Considering the above submission, let the petitioner, above named, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on provisional bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Begusarai, in connection with Complaint Case No. 153 of 2022, subject to the conditions (i) that the petitioner shall pay the first instalment of Rs. 2,00,000/- to the Opposite Party No. 2 before he surrenders before the learned District Court for furnishing bail bonds and shall produce the proof of payment of the said amount at the time of furnishing the bail bonds, (ii) that the petitioner shall pay the second

Patna High Court CR. MISC. No.17856 of 2023(4) dt.13-12-2023 3/3 instalment of Rs. 2,00,000/- to the Opposite Party No. 2 by 09th March, 2024 and (iii) the last third instalment of Rs. 3,00,000/- shall be paid by the petitioner to the Opposite Party No. 2 by 09th May, 2024.

7. The learned District Court shall confirm the provisional bail after payment of the entire amount of Rs. 7,00,000/- to the Opposite Party No. 2.

8. Both the parties agreed before this Court that after payment of all the three instalments, mentioned above, they will take all possible steps for withdrawal of the respective cases and shall also file a divorce petition for dissolution of marriage on mutual consent before the concerned Family Court.

9. With the aforesaid observations and directions, this application is disposed of.

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