Birja Nand Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22327 of 2015 Arising Out of PS.Case No. -237 Year- 2014 Thana -CHARPOKHARI District- BHOJPUR ====================================================== Birja Nand Mishra, son of late Kapildeo Mishra .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar, Advocate For the Opposite Party/s : Mr. Yogendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-12-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 328, 504, 498A and 379/34 of the Indian Penal Code.

The basic accusation is of torture.

On joint prayer of the parties, the matter was referred to the Mediation Centre of Bihar State Legal Services Authority. The report of the Mediator dated 07.12.2015, kept at 'Flag-M' reflects that the issue between the parties has been resolved through the process of mediation. The petitioner is ready to provide a separate room with latrine, bathroom and kitchen facility to opposite party no.2 and he will also make payment of Rs.1000/- per month by 7th of every month to her. The opposite party no.2 is ready to

Patna High Court Cr.Misc. No.22327 of 2015 (4) dt.10-12-2015 2/2 withdraw both the cases filed by her.

Considering the report of the Mediator, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhojpur at Ara in connection with Charpokhri P.S. Case No.237/2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The informant would be at liberty to file application for cancellation of bail bond before the learned court below if the petitioner violates any of the terms of agreement. Let this order along with report of Mediator dated 07.12.2015, which contains agreement between the parties, be transmitted to the learned court below.

(Dinesh Kumar Singh, J) Ashwini/- U T