Navin Kumar Singh @ Shinku v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29908 of 2024 Arising Out of PS. Case No.-358 Year-2023 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Navin Kumar Singh @ Shinku S/O Late Yogendra Prasad Singh Resident of village Roun P.S - Alauli District - Khagaria ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Pooja Kumari W/O Navin Kumar Singh Resident of village and P.O Roun P.S - Alauli District - Khagaria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aayush Abhishek, Adv.
For the State :
Mr. Jharkhandi Upadhyay, APP.
For the Complainant :
Mr. Kamal Kishore Singh, Adv.
====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 24-04-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2 (complainant).
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 341, 379, 406, 498A, 504, 506, 34 of the Indian Penal Code.
3. The matter had earlier been referred to the Mediation Centre, however, as per the mediation report, the same failed. Today, it is informed by the counsels appearing on both the sides that the parties have settled their grievances outside the Court and they have together filed an
Patna High Court CR. MISC. No.29908 of 2024(6) dt.24-04-2025 2/3 application under Section 13B of the Hindu Marriage Act for mutual consent divorce before the Family Court, Saharsa where a draft amount of Rs.6,00,000/- (Rupees Six Lacs) has been deposited by the petitioner (husband). The complaint raised by learned counsel for the opposite party no.2 (wife) is that the opposite party no.2 is not being allowed to receive the said draft which has been deposited before the Family Court. In response to the same, learned counsel for the petitioner submits that the petitioner has no objection if the draft is handed over to the opposite party no.2 upon her application and signature of receipt.
4. In such view of the matter, the opposite party no.2 is granted the liberty to file an application before the Family Court, Saharsa in connection with the 13B application pending between the present parties to the litigation and the learned Family Court should have no objection in releasing the said draft in favour of the opposite party no.2 as agreed between the parties in the present proceedings. It is, however, expected that both the parties would co-operate in the 13B proceedings to bring it to a logical end expeditiously without any delay caused by any of the parties.
5. Considering all the above mentioned facts and
Patna High Court CR. MISC. No.29908 of 2024(6) dt.24-04-2025 3/3 circumstances, I am inclined to grant the privilege of anticipatory bail to the petitioner. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, 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 learned Judicial Magistrate1st Class, Saharsa in connection with Complaint Case No. 358c of 2023, subject to the condition as laid down under Section 438
(2) of the Cr.P.C/ 482 (2) of the BNSS, 2023. (Soni Shrivastava, J) divyanshi/- U T