Lalbabu Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13130 of 2017 Arising Out of PS.Case No. -2507 Year- 2015 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ====================================================== Lalbabu Yadav, Son of Laxman Yadav, Resident of Village- Halkhorwa, Police Station- Jagdishpur, District- West Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. Bindu Devi, Wife of Lalbabu Yadav, Daughter of Basdeo Yadav, Resident of Village- Halkhorwa, Police Station- Jagdishpur, DistrictWest Champaran, Presently residing at Village- Mahuwa, Police Station- Chanpatiya, District- West Champaran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar No.-7, Advocate. For the State : Mr. Yogendra Kumar, A.P.P. For the Complainant : Mr. Sanjeev Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioner is apprehending his arrest in a case for the offence registered under Section 498(A) of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. The matter was referred to the Mediation Center of Patna High Court Legal Services Committee, Patna, vide order

Patna High Court Cr.Misc. No.13130 of 2017 (4) dt.21-09-2017 2/3 dated 19.05.2017. The report of the Mediator alongwith Memorandum of Agreement is kept at Flag-'A' which is as follows:- " Patna High Court Mediation Centre Memorandum of Agreement Mediation Proceeding No. 513 of 2017 (Arising out of Cr. Misc. No. 13130 of 2017) An agreement made on 11.09.2017 at the High Court Patna Mediation Centre, between.

Lalbabu Yadav..... ...... ......Petitioner/s

Versus

The State of Bihar & Anr............... .........Opposite Parties

1. Both the parties are ready to lead their conjugal life after forgetting their past.

2. That the petitioner being husband is ready to keep his wife O.P. No. 2 alongwith two children with full dignity and honour.

3. That the petitioner will maintain O.P. No. 2 as well as children in all respects and when he will go to Delhi to earn his livelihood will go with O.P. No. 2 and their children.

4. That O.P. No. 2 will also live with the petitioner after giving proper respect to him and his family members.

5. That today itself the petitioner is taking away O.P. No. 2 and their children to his house.

6. That now there is no dispute of any type between them.

7. That in the above terms and conditions a settlement has been arrived at between the parties and both have signed/thumb Impression in presence of their learned counsels, who have also put their signature on this agreement.

(Lalbabu Yadav) (Bindu Devi) Signature of the petitioner Signature of the opposite party no.2 Date- 11.09.2017. Date- 11.09.2017 Sd/- Anant Kumar Mishra Sd/Sanjeev Kumar Signature of the petitioner, Advocate Signature of the Opposite Party No. 2, Advocate.

Enroll No. AOR/169/2016 A.O.R. No. 00550 Date-11.09.2017. Date-11.09.2017. "

Patna High Court Cr.Misc. No.13130 of 2017 (4) dt.21-09-2017 3/3 Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Bettiah, West Champaran, in connection with Trial No. 1127 of 2016, arising out of Complaint Case No. 2507 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T