Amarjeet Pratap Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12233 of 2017 Arising Out of PS.Case No. -278 Year- 2016 Thana -TARAIYA District- SARAN ======================================================
1. Amarjeet Pratap Singh, S/o Parsuram Singh, resident of Village- Dumri Chapiya, P.S. Taraiya, District- Saran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Babita Kumari, D/o Kameshwar Singh, resident of village- Sumbha, P.S. Isuapur, District Saran.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan No.II, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 27-07-2017 Heard learned counsel for the Petitioner and the State as well as counsel for the Opposite Party No.2. The Petitioner apprehends his arrest in Taraiya P.S. Case No.278 of 2016 instituted for the offence under Section(s) 498-A Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
It has been submitted that the parties have arrived at amicable settlement and the petitioner has agreed to make payment of Rs.14,21,000/- to the Opposite Party No.2 as one time settlement in five equal installments.
From the report of the Mediator, it appears that two years time has been given to make payment to the Opposite Party No.2. This Court does not think it proper to give two years to
Patna High Court Cr.Misc. No.12233 of 2017 (3) dt.27-07-2017 2/3 make payment to the Opposite Party No.2.
In such circumstances, the petitioner is directed to make payment of rupees three lacs as first installment within a period of six weeks from today and surrender before the Court below i.e. ACJM, 9th, Saran, in connection with Taraiya P.S. Case No.278 of 2016, along with receipt showing payment of first installment to the Opposite Party No.2 and in that event, the Court below will release the petitioner on provisional anticipatory bail for a period of one year on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) Cr. P. C.
The petitioner thereafter will make payment of the remaining amount i.e. Rs.11,21,000/- in five equal installments within one year from the date of grant of bail. The petitioner will make payment of the amount directly in the Savings Accounts of the Opposite Party No.2 in ICICI Bank as mentioned in the mediation proceeding.
In the event the petitioner does not surrender within a period of six weeks along with receipt showing payment of first installment or defaults in making payment of a single installment, the Court below will be at liberty to pass appropriate order in
Patna High Court Cr.Misc. No.12233 of 2017 (3) dt.27-07-2017 3/3 accordance with law including cancellation of provisional bail of the petitioner.
After payment of entire amount i.e. Rs.14,21,000/- to the Opposite Party No.2 by the petitioner, the Opposite Party No.2 will withdraw all the criminal/civil cases filed by her against the petitioner and both will lead their separate life. The petitioner will return all the articles to the Opposite Party No.2 within a period of six weeks from the date of this order.
(Sanjay Priya, J) JA/- U T