Aniket Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30630 of 2024 Arising Out of PS. Case No.-3811 Year-2022 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Aniket Ram S/O Ekadashi Ram @ Ekarshi Ram R/O Village- Banwaripur, P.S- Dariyapur, Distt.- Saran.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Kusum Devi Wife Of Aniket Ram R/O Village- Banwaripur, P.S- Dariyapur, Distt.- Saran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Srivastva, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for apprehending his arrest in a case registered for the offences punishable under Sections 323 and 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. It is a case of matrimonial dispute between the petitioner and opposite party no. 2

4. Earlier vide order dated 21.09.2024, with consent of both the parties, this matter was referred to the Mediation and Conciliation Center, Patna.

5. It reveals from Memorandum of Agreement dated 18.12.2024 that both the parties agreed to live separately and

Patna High Court CR. MISC. No.30630 of 2024(5) dt.17-01-2025 2/3 petitioner has offered to pay Rs. 50,000/- (Rupees Fifty Thousand) as full and final settlement amount to opposite party no. 2, out of which he has paid Rs. 25,000/-(Rupees Twenty Five Thousand) and the rest amount will be paid within two months by him.

6. Petitioner is directed to pay entire amount i.e. Rs. 25,000/- (Rupees Twenty Five Thousand) to the complainant.

7. In the meantime, as per their agreement, both parties are directed to withdraw the cases pending against each other.

8. Having heard learned counsel for the parties and considering the facts mentioned in Memorandum of Agreement before Patna High Court Mediation Center, this Court is inclined to enlarge the petitioner on provisional bail. The above named petitioner is directed to be enlarged on provisional bail in connection with Complaint Case No. 3811 of 2022 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra.

9. Trial Court is directed confirm the provisional bail granted to the petitioner after verifying the deposit receipts of payment of the entire amount i.e. Rs. 25,000/- (Rupees Twenty

Patna High Court CR. MISC. No.30630 of 2024(5) dt.17-01-2025 3/3 Five Thousand) by the petitioner to the opposite party. Trial Court will also verify the withdrawl of pending cases between both the parties.

10. Accordingly, the instant application stands disposed of.

11. Both the parties are at liberty to file appropriate application before appropriate forum, if any of them breaches the terms and conditions as incorporated in Memorandum of Agreement, Patna High Court Mediation Center. (S. B. Pd. Singh, J) Ankit Kumar/- U T