Santosh Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57486 of 2015 Arising Out of PS.Case No. -2837 Year- 2014 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================
1. Santosh Kumar, son of Sri Ramanand Keshari @ Ramanand Prasad, resident of Main Road Masaurhi, P.O. + P.S.- Masaurhi, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Bandana Keshri, daughter of Late Balram Prasad Keshri, resident of Mayakunj, New Rajendra Nagar, Madhubani, P.S.- K. Hat, District- Purnea. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Narayan Singh For the informant : Mr. Binay Kumar For the Opposite Party/s : Ms. Gulnar Begum (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that earlier the matter was referred to Patna High Court Mediation Centre and a Memorandum of Agreement has been arrived at which has been duly signed by both the parties on 10.05.2016. By the said memorandum which forms part of the present miscellaneous application, the parties have agreed to part ways, subject to the conditions as contained in the memorandum.
It is submitted that already a demand draft of rupees six lacs
Patna High Court Cr.Misc. No.57486 of 2015 (5) dt.13-05-2016 P2/2 has been paid to the opposite party No. 2 at the time of Mediation itself and the rest rupees one lac agreed upon, is being handed over in Court today vide demand draft number 272117 dated 12.05.2016 issued from the State Bank of India, Raj Bhawan Branch, Patna. The said bank draft is being handed over to the opposite party No. 2 who is present in person in Court today. Photostat copy of the aforementioned bank draft is being kept on record.
In view of the fact that the parties have agreed to end all litigations pending in any Court as stated in the memorandum of agreement. It is expected that the agreement arrived at by opposite party No. 2 will also be honoured. As such, let the petitioner, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Purnea in connection with Complaint Case No. 2837/2014, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T