Vinay Prasad v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12492 of 2017 Arising Out of PS.Case No. -1988 Year- 2015 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Vinay Prasad, Son of Late Lila Prasad, Resident of Village+ P.O. Hathiyar, P.S.- Both Gaya, District- Gaya.
.... .... Petitioner
Versus
1. The State of Bihar.
2. Seema Kumari, Wife of Vinay Prasad, D/o Sri Muneshwar Prasad, Resident of Village/ Mohalla - Road No.6, Veer Kuer Singh Colony, P.S.- Magadh Medical College, District- Gaya. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Veer For the Opposite Party/s : Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner, learned counsel appearing on behalf of O.P. No.2 and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Compliant Case No. 1988 of 2015, registered under Sections 323, 341, 379, 406 and 498(A) of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act.
Learned counsel for the petitioner submits that on the joint prayer of the parties, the matter was referred to the Mediation Centre, Patna High Court, Patna for settlement of the dispute between petitioner and O.P. No.2, who are husband and wife, but in spite of best and sincere efforts, the dispute between the parties could not be resolved through the process of mediation. Later on, petitioner and O.P. No.2 settled their dispute out of Court. Accordingly, both have
Patna High Court Cr.Misc. No.12492 of 2017 (5) dt.30-08-2017 2/2 decided to live separate and the petitioner will pay Rs. 3,00,000/- by way of one time settlement. The petitioner is ready to pay Rs. Three lakhs and both the parties have decided to withdraw their cases pending against each other.
Learned counsel appearing on behalf of O.P. No.2 submits that petitioner and O.P. No.2 decided to live separate by way of one time settlement on payment of Rs. Three Lakhs by the petitioner to O.P. No.2. Further submission is that O.P. No.2 has received one Cheque of Rs. 2,00,000/- and three bank draft of Rs. 1,00,000/- in Court in presence of her learned counsel. Having regard to the facts and circumstances of the case, 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M. Gaya in connection with Complaint Case No. 1988 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T