Prasant Kumar @ Pike Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29874 of 2024 Arising Out of PS. Case No.-334 Year-2023 Thana- BALIYA District- Begusarai ====================================================== PRASANT KUMAR @ PIKE KUMAR SON OF SWET KAMAL SINGH RESIDENT OF VILLAGE - MIR ALIPUR TAJPUR, P.S. - BALIA, DISTRICT - BEGUSARAI, PRESENTLY RESIDING AT - C-483, PREM VIHAR-1 (KHORA), GAZIABAD, UTTAR PRADESH ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

MRS. SIGAM KUMARI WIFE OF PIKE KUMAR, DAUGHTER OF MR. SUNIL SINGH RESIDENT OF VILLAGE - PAHSARA, P.S. - NAOKOTHI, DISTRICT - BEGUSARAI, BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Anurag Saurav, Advocate For the State :

Mr. Ajay Kumar Jha, APP For Opposite Party No.2 :

Mr. Sandip Kumar Gautam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 323, 341, 504, 506, 379, 307 and 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. At the outset, learned counsel appearing on behalf of the petitioner submits that the dispute between the parties has been settled through process of mediation. It is further submitted that in this regard, a supplementary affidavit has also been filed. Paragraph No. 5 and 6 of the supplementary affidavit reads as follows:-

Patna High Court CR. MISC. No.29874 of 2024(4) dt.28-08-2024 2/3 "5. That it is further relevant to state here that during the pendency of the present case as well as the Divorce case filed by the petitioner and informant, both parties agreed to a mutual settlement, and in pursuance to that the petitioner submitted a Draft of Rs. 10 lacs in favor of Informant before the learned Family Court and filed an application under section 13(B) of Hindu Marriage Act.

6. That it is further relevant to state here that after settlement with the Informant, the petitioner filed one Divorce Case bearing Divorce Case No.94 of 2024 before the Principal Judge, Family Court, Begusarai under Section 13(B) of the Hindu Marriage Act for dissolving the marriage which was heard and concluded with one-time settlement of Rs. 10 lakhs and In pursuance with that the petitioner submitted Demand Draft bearing Demand Draft No. 501486 before the Family court, Begusarai and the matter has been compromised between the parties with mutual consent."

4. Learned counsel for the informant/Opposite Party No. 2 does not dispute the aforesaid contentions.

5. Considering the fact that dispute between the parties has already been resolved through the process of mediation, the prayer for grant of anticipatory bail to the petitioner is allowed.

6. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.29874 of 2024(4) dt.28-08-2024 3/3 satisfaction of learned C.J.M., Begusarai, in connection with Ballia P.S. Case No. 334 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T