Krishna Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26097 of 2024 Arising Out of Case No.-1133 Year-2023 SAHARSA COMPLAINT CASE District- Saharsa ====================================================== KRISHNA KUMAR SAH SON OF GAJENDRA SAH RESIDENT OF VILLAGE - TARIYAMA, POLICE STATION - BAKHTIYARPUR, DISTRICT - SAHARSA ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

CHANDAN GUPTA WIFE OF KRISHNA KUMAR SAH RESIDENT OF VILLAGE - TARIYAMA, POLICE STATION - BAKHTIYARPUR, DISTRICT - SAHARSA PRESENTLY RESIDING AT - DAUGHTER OF BRAJ MOHAN GUPTA, VILLAGE - NAYA TOLA, VEERGANW, POLICE STATION - MAHISHI, DISTRICT - SAHARSA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Kumar Singh, Adv.

For the State :

Mrs. Suman Kumari Singh, APP For the O.P. No.2 : Mr. Amarnath Jha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-10-2024 Heard Mr. Satish Kumar Singh, learned counsel for the petitioner, Mrs. Suman Kumari Singh, learned APP for the State and Mr. Amarnath Jha, learned counsel for the O.P. No.2.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 1133C/ 2023 registered for the offence(s) punishable under Section(s) 498A read with section 34 of the Indian Penal Code and section(s) 3⁄4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioner submits that mediation process started in between the petitioner and O.P. No.2, who happens to be husband and wife, has ended in amicable settlement in between both the spouses and now, there is no dispute

Patna High Court CR. MISC. No.26097 of 2024(4) dt.26-10-2024 2/2 in between them and in this regard, the report sent by the Mediator may be perused. It is further submitted that the petitioner shall follow all the terms and conditions which have been fixed by the Mediator regarding which memorandum of agreement has been signed by both the spouses.

4. Learned counsel for the O.P. No.2 accepted the aforesaid factum of compromise and submits that O.P. No.2 shall also follow all the terms and conditions which have been fixed before the Mediator.

5. Considering the above submissions, this court is inclined to accept the anticipatory bail prayer of the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Complaint No. 1133C/ 2023 on furnishing bail bond of Rs. 20,000/- (Twenty 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) of the Cr.P.C.

(Shailendra Singh, J) BKS/- U T