Piyus Bhadani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21696 of 2019 Arising Out of PS. Case No.-859 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Piyus Bhadani, S/o Shri Mahendra Bhadani, Resident of Hilsa, P.S.- Hilsa, District- Nalanda.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sawati Kumari @ Sawati Kutriar, W/o Pius Bhadani, D/o Late Bharat Pd. Presently residing at Mohala- Kurmi Tola, Lallu Babu ka Kucha, P.S.- Chock, Patna City, District- Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar Singh For the Opposite Party/s :
Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-05-2019 Heard learned counsel for the petitioner, learned counsel for the complainant and learned APP for the State. The petitioner, being the husband of the complainant, is apprehending his arrest in a complaint case, wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act.
The prosecution case as per the complainant is that her marriage was performed with the petitioner on 29.06.2017, but subsequently, further dowry demand of Rs.Ten lakhs and a four wheeler vehicle was made but on non-fulfillment of the same, the complainant was tortured and ousted from the
Patna High Court CR. MISC. No.21696 of 2019(3) dt.15-05-2019 2/3 matrimonial house.
On the joint prayer of the parties, this Court vide order dated 08.04.2019 referred the matter to the Mediation and Reconciliation Centre of Patna High Court. The report of the Mediator dated 08.05.2019 at Flag 'M' reflects that the issue has been resolved between the parties on the terms of resumption of the conjugal life. The terms of agreement dated 03.05.2019 reads as follows:- "....... Both parties are present along with their Ld. Counsels. Mediation is settled, both the parties are ready to live with honour & dignity. Wife if ready to live with husband with full liabilities.
Both side family members will not make any interference in their conjugal life.
Petitioner has permitted his wife to talk with her family members only in time to time with respect of her life and security.
Both parties are ready to withdraw the pending cases.
1. Complaint Case No. 859 of 2018, pending before S.D.J.M., Patna City.
2. Matrimonial Case No. 741 of 2018, pending
Patna High Court CR. MISC. No.21696 of 2019(3) dt.15-05-2019 3/3 before Principal Judge, Patna.
Hence, this mediation is successful and put before the Hon'ble Bench ......................."
Learned counsels for the parties are not disputed the factum of agreement arrived at between the parties. In the circumstances indicated above, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patna City, Patna in connection with Complaint Case No. 859 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Either party will be at liberty to file appropriate application in case of breach of the terms of the agreement. Let the order be transmitted to the learned Court below along with the terms of agreement.
(Dinesh Kumar Singh, J) DKS/- U T