Pradeep Kumar Pathak v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11264 of 2015 Arising Out of PS.Case No. -2136 Year- 2005 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ====================================================== Pradeep Kumar Pathak, Son of Sri Beni Madhav Pathak, Resident of village - Barkagaon, P.S.- Barhaj, Distt. - Deoria ( U.P. ) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Lalee Pandey, W/o Pradeep Kumar Pathak, Resident of village - Barkagaon, P.S. Barhaj Bazar, Distt. - Deoria ( U.P. ), Daughter of Sri Surbdeo Pandey, Resident of village - Pandey Gundee, P.S. Guthani, District - Siwan ( Bihar ) .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Dhananjaya Nath Tiwari, Advocate For the S t a t e : Mr. Umeshlal Verma(APP) For O.P. No.2 : Mr. Akshay Lal Pandit, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-09-2015 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of Opposite Party No.2 as well as the learned counsel for the State.

The petitioner and the Opposite Party No.2 having agreed to the process of mediation participated in the same and have now arrived at an Agreement dated 23.9.2015, wherein it has been decided that the petitioner shall pay Rs.5,00,000/- (Five lacs) to Opposite Party No.2 by February, 2016. The terms of the agreement are incorporated in the Mediator's report, copies of which are available with both the parties. Considering the aforementioned facts and

Patna High Court Cr.Misc. No.11264 of 2015 (4) dt.28-09-2015 2/2 circumstances and that the petitioner has given the aforesaid offer, as Opposite Party No.2 has agreed to withdraw the maintenance case and agreed to participate in the mutual divorce case, which shall be filed under Section 13 B of the Hindu Marriage Act, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan, in connection with Complaint Case No.2136 of 2005, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is made clear that the parties are bound by this agreement and each party shall implement his/her part of the agreement arrived at in the Agreement dated 23.9.2015. (Anjana Mishra, J) PNM U T