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Patna High CourtCR. MISC./23732/2019bail granted

Sujeet Kumar v. The State Of Bihar

2019-11-04Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23732 of 2019 Arising Out of PS. Case No.-1649 Year-2017 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Sujeet Kumar (M) aged 36 years, Son of Rambali Rajak, Resident of VillageChater Ghat, P.S.- Alauli, District- Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka Kumari, (F) aged about 29 years, Wife of Sujeet Kumar, Daughter of Ramnaresh Rajak, Resident of Village- Chater Ghat, P.S.- Alauli, DistrictKhagaria at present Resident of village- Chhatauna, P.S.- Nawkothi, DistrictBegusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rai Mukesh Sharma, Adv.

For the Informant : Mr. Sandeep Kr. Gautam, Adv. For the State :

Mr. Nawal Kishore, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-11-2019 The petitioner apprehends his arrest in connection with the complaint case no. 1649 of 2017 in which cognizance under Section 498A of the IPC read with Section 4 of the Dowry Prohibition Act has been taken.

There appears to be marriage dispute between the petitioner and the O.P. No.2. Petitioner is the husband of O.P. No.2. The matter was referred for mediation between the parties and the report of learned Mediator dated 24.10.2019 is on record. From perusal of the report of learned Mediator, it appears that both the parties have settled their dispute mutually and memorandum of agreement dated 24.10.2019 is also on record duly signed by both the petitioner as well as the O.P. No.2.

Patna High Court CR. MISC. No.23732 of 2019(4) dt.04-11-2019 2/2 Having regard to the submission made by the parties and in view of the fact that both the parties have mutually agreed for settlement and have entered into a memorandum of agreement before the learned Mediator dated 24.10.2019, I am inclined to grant anticipatory bail to the petitioner, subject to the condition that petitioner will strictly abide by the terms and conditions of the memorandum of agreement dated 24.10.2019.

Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Begusarai in connection with Complaint Case No. 1649/2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

It is made clear that if the petitioner deviates from the terms and condition of the agreement, the O.P. No.2 shall be at liberty to move an appropriate application before an appropriate court of law.

(Anil Kumar Sinha, J) Anjula/- U