Makhan Roy And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.49482 of 2015 (4) dt.21-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49482 of 2015 Arising Out of PS.Case No. -35 Year- 2015 Thana -ANDHRATHARI District- MADHUBANI ======================================================

1. Makhan Roy Son of late Yugeshwar Roy

2. Sharwan Roy son of Makhan Roy Both Resident of Village- Thadhi ,tola Madhban P.s Andharathadhi District Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Radha Kumari .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Jha For the Opposite Party/s : Mr. Anil Prasad Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-04-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of opposite party No. 2 as well as learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 498A/366 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Learned counsel for the petitioners submits that earlier the matter was referred to the Mediation Centre for Mediation and the parties have arrived at a compromise whereby the petitioners are required to pay rupees one lac to opposite party No. 2 within a period of three months. It has been noted in the Mediation report

Patna High Court Cr.Misc. No.49482 of 2015 (4) dt.21-04-2016 dated 12.04.2016 that a sum of rupees twenty five thousand has been received by the opposite party No. 2 on 12.04.2016 itself and the rest of amount is to be paid within a period of three months. Considering the term of compromise and that the first installment has already been paid by the petitioners, let the petitioners, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Jhanjharpur, Madhubani in connection with Andharathadhi P.S. Case No. 35 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

It is made clear that if at all the petitioners default in making payment of rest of the amount, it shall be open to opposite party No. 2 to seek appropriate remedy including moving this Court for redressal of her grievance by way of modification/cancellation of this order.

(Anjana Mishra, J) Saif/- U T