Shiv Shankar Kumar @ Shankar Yadav @ Shiv Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18256 of 2023 Arising Out of PS. Case No.-269 Year-2021 Thana- KHUSRUPUR District- Patna ====================================================== SHIV SHANKAR KUMAR @ SHANKAR YADAV @ SHIV SHANKAR YADAV SON OF LATE JAVAHIR YADAV R/O VILLAGE- HARDAS BIGHA, P.S.- KHUSRUPUR, DISTRICT- PATNA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

NITU DEVI WIFE OF SHANKAR YADAV @ SHIV SHANKAR YADAV, D/O SHIVJI SINGH R/O VILLAGE- HARDAS BIGHA, P.S.- KHUSRUPUR, DISTRICT- PATNA, AT PRESENT ADALPUR, P.S.- FATUHA, DISTRICT- PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. By order dated 16.10.2023, with consent of parties, this matter was referred to the Patna High Court Mediation Center to resolve the dispute between the parties. The learned Mediator has submitted a report dated 04.12.2023 in which it is stated that the dispute between the parties has been resolved through the process of mediation. The terms of settlement mutually agreed upon by them has been annexed with the report.

3. The petitioner apprehends his arrest in a case

Patna High Court CR. MISC. No.18256 of 2023(5) dt.11-12-2023 2/3 registered for the offences punishable under Sections 498A, 307, & 120B of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

4. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

5. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. It is further submitted that the matter has already been compromised between the parties through the process of mediation.

6. As the dispute between the parties has already been resolved through the process of mediation, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with

Patna High Court CR. MISC. No.18256 of 2023(5) dt.11-12-2023 3/3 Khusrupur P.S. Case No.269 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., (Anjani Kumar Sharan, J) Trivedi/- U T