Raja Pahwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3644 of 2017 Arising Out of PS.Case No. -76 Year- 2016 Thana -MAHILA PS District- BUXAR ======================================================

1. Raja Pahwa, son of Ashok Kumar Pahwa, resident of Main Road Satyadeo Ganj Sabji Mandi, Buxar, P.S.- Buxar (T), District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Soni Singh, d/o Sarvranjan Singh, resident of Golambar Buxar, P.S.- Buxar (t), District- Buxar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 21-06-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Buxar (Mahila) P.S. Case No.76 of 2016 instituted for the offence under Section(s) 341, 323, 504, 498-A/34 Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Counsel for the petitioner has submitted that the matter was sent to Mediation & Conciliation Centre and the matter has been amicably resolved between the parties. Report of the Mediator is kept at flag-'A', wherein, it has been mentioned that dispute between the parties has been resolved on payment of rupees fourteen lacs as permanent alimony to the Opposite Party No.2 as, with mutual consent, both the parties want to live separately by filing a petition for divorce under Section 13-B of

Patna High Court Cr.Misc. No.3644 of 2017 (4) dt.21-06-2017 2/2 the Hindu Marriage Act.

None has appeared on behalf of the Opposite Party No.2.

In view of report of the Mediator, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Buxar (Mahila) P.S. Case No.76 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and

(3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T