Parshuram Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25882 of 2019 Arising Out of PS. Case No.-488 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== PARSHURAM PRASAD S/O- Late Hira Lal Prasad, R/o- Vill.- Mirganj, P.S.- Mirganj, Dist.- Siwan.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Khushbu Devi, D/O Shiv Narayan Prasad, Vill- Chanpatiya Ward No.- 7, Machhali Hatta, P.S.- Chanpatiya- and Dist.- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Chanpatiya P.S.Case No.488 of 2018 registered for offences punishable under Sections 341, 323, 313, 504, 506/34 and 120(B) of the Indian Penal Code and Section 3⁄4 of the D.P.Act.

This application is under Section 498A of the Indian Penal Code with allegation of demand of Bolero vehicle and torture to the informant and also aborting her pregnancy. Submission of the learned counsel for the petitioner is that earlier the matter was referred to the Mediation Centre on appearance of the O.P.no.2, mediation processed and the matter was about to be disposed of for one time settlement but due to paucity of time, the amount could not be settled. Heard learned A.P.P. and the learned counsel for the

Patna High Court CR. MISC. No.25882 of 2019(5) dt.06-09-2019 2/2 O.P.no.2 , who has submitted that actually she want to reside with the petitioner but the mediation did not succeeded then she agreed for one time settlement ..

Having heard both sides and in view of the facts and circumstances, as stated above, let this application be disposed of with direction to both the parties to appear before the learned court below on 24.9.2019 and the learned court below will release the petitioner on provisional bail for four months to its own satisfaction in connection with Chanpatiya P.S.Case No.488 of 2018 with condition that both the parties shall appear in mediation on the date fixed and once the report of the mediator is submitted to the court below, considering the same and also considering the conduct of both the parties, he will either consider the confirmation of the bail bonds of the petitioner or will pass any other order or orders, which he deems fit and proper.

With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T