Vindhyachal Singh @ Sagar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19751 of 2017 Arising Out of PS.Case No. -332 Year- 2016 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Vindhyachal Singh @ Sagar Singh Son of Ram Adhin Singh @ Ramadhin Singh resident of vill. Parsar, P.S. Karakat (Gorahi), District - Rohtas. .... .... Petitioner

Versus

1. The State of Bihar.

2. Punam Devi, wife of Vinchyachal Singh @ Sagar Singh, Resident of village Dev Poddasar, P.s. Goradi, District-Rohtas. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Usha Kumari-1 For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State. No one appeared on behalf of the O.P. No.2. The petitioner apprehends his arrest in connection with Bhojpur Mahila P.S. Case no. 332 of 2016, registered under Sections 498(A) and 379/34 of the Indian Penal Code.

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, where both the parties have settled there dispute and decided to live separate on the payment of Rs. 12 Lakhs by the petitioner to O.P. No.2. The petitioner has paid Rs. 12 Lakhs to the O.P. No. 2 and both the parties agreed to withdraw all cases pending in between them and filed the petition

Patna High Court Cr.Misc. No.19751 of 2017 (5) dt.05-12-2017 2/2 u/s 13(B) of Hindu Marriage Act.

On perusal of the record it appears that petitioner and O.P. No.2 have settled their dispute in terms of the agreement dated 28.11.2017, which is the part of Mediator's report dated 29.11.2017 of Mediation Centre, Patna High Court, Patna. Accordingly, petitioner has already paid Rs. 12 lakhs to the O.P. No.2 and both the parties have decided to live separate and they will withdraw all cases pending between them and also to file divorce petition under Section 13(B) of the Hindu Marriage Act by mutual consent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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. Ara in connection with Bhojpur Mahila P.S. Case No. 332 of 2016, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T