Banti Kumar @ Bunty Kumar @ Bunty Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21541 of 2024 Arising Out of PS. Case No.-2921 Year-2022 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Banti Kumar @ Bunty Kumar @ Bunty Kumar Bhagat Son of Arun Kumar Bhagat Resident of Gangwara, Kranti Chauk, Post-Sara Mohanpur, P.S.- Town, District-Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Annu Kumari @ Sweeti Wife of Banti Kumar, D/O-Jageshwar Bhagat Resident of Gangwara, Kranti Chauk, Post-Sara Mohanpur, P.S.-Town, District-Darbhanga. At present resident of vill. and P.O.-Khabara, P.S.-Sadar, Distt.-Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surya Kant Mishra, Advocate Mr. Alok Ranjan, Advocate For the Opposite Party/s :

Mr. Sanjay Kr. Singh, APP For the O.P. No. 2 Mr. Krishna Kant Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 16-01-2025 Heard learned counsel for the petitioner, learned counsel for opposite party no. 2 and learned APP for the State.

2. The petitioner has filed the instant application for apprehending his arrest in a case registered for the offences punishable under Sections 323, 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. It is a case of matrimonial dispute between the petitioner and opposite party no. 2.

4. Earlier vide order dated 08.07.2024, with consent of both the parties, this matter was referred to the Mediation and

Patna High Court CR. MISC. No.21541 of 2024(6) dt.16-01-2025 2/3 Conciliation Center, Patna.

5. It reveals from Memorandum of Agreement dated 14.11.2024 that both parties agreed to live separately and petitioner has offered to pay Rs. 18,50,000/- (Rs. Eighteen Lakh Fifty Thousand only) as full and final settlement amount to O.P. No. 2, out of which he has paid Rs. 50,000/- and rest amount will be paid in six equal installments within six months by him.

6. Petitioner is directed to pay entire amount i.e. Rs. 18,00,000/- to the complainant.

7. In the meantime, as per their agreement, both parties are directed to withdraw the cases pending against each other.

8. Having heard learned counsel for the parties and considering the facts mentioned in Memorandum of Agreement before Patna High Court Mediation Center, this Court is inclined to enlarge the petitioner on provisional bail. The above named petitioner is directed to be enlarged on provisional bail in connection with Complaint Case No. 2921 of 2022 on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, East Muzaffarpur.

9. Trial Court is directed confirm the provisional bail

Patna High Court CR. MISC. No.21541 of 2024(6) dt.16-01-2025 3/3 granted to the petitioner after verifying the deposit receipts of payment of the entire amount i.e. Rs. 18,00,000/- (Rs. Eighteen Lakh) by the petitioner to the opposite party. Trial Court will also verify the withdrawal of pending cases between both the parties.

10. Accordingly, the instant application stands disposed off.

11. Both the parties are at liberty to file appropriate application before appropriate forum, if any of them breaches the terms and conditions as incorporated in Memorandum of Agreement, Patna High Court Mediation Center. (S. B. Pd. Singh, J) sushma/- U