Arvind Sharma @ Arvind Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40657 of 2014 Arising Out of PS.Case No. -820 Year- 2013 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ====================================================== Arvind Sharma @ Arvind Kumar, Son of Lakhan Sharma, Resident of village - Alma, P.S. Bakhtiyarpur, District - Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Chandan Kumari, W/o Arbind Sharma, D/o Amir Sharma, Resident of village - Khamhouti, P.S. Bakhtiyarpur, District - Saharsa. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Anil Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 30-06-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 498A and 504/34 of the Indian Penal Code.

The basic accusation is of torture.

On joint prayer of the parties the matter was

Patna High Court Cr.Misc. No.40657 of 2014 (4) dt.30-06-2015 2/3 referred to the Mediation Centre of Stage Legal Services Authority vide order dated 13.04.2015.

The report of the Mediator at Flag 'A' dated 29.06.2015 reflects that the dispute has been resolved between the parties through mediation. The parties agreed to part ways on payment of Rs.85,000/- by the petitioner to the complainant. Out of Rs.85,000/- Rs. 25,000/- has already been deposited by the petitioner in the account of the complainant and rest Rs.60,000/- will be paid in two installments within a period of three months. In case of non-deposit of the rest amount the complainant will be at liberty to file appropriate application for cancellation of the bail bonds of the petitioner.

It is jointly submitted that both sides are ready to withdraw/compromise the cases filed from each side. Considering the present stand of the parties and in view of the report of the Mediator at Flag 'A', 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 twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Complaint Case No. 820 of 2013, subject to the

Patna High Court Cr.Misc. No.40657 of 2014 (4) dt.30-06-2015 3/3 conditions as laid down under Section 438(2) of the Cr.P.C. Let the order of this Court be transmitted to the learned court below along with the report of the Mediator at Flag 'A'.

(Dinesh Kumar Singh, J) DKS/- U T