Doma Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25111 of 2019 Arising Out of PS. Case No.-193 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Doma Sah, Son of Jagarnath Sah, Resident of Bataua Kohbarwa, P.S.- Shikarganj, Distt - East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shail Devi, Wife of Doma Sah, Resident of Bataua Kohbarwa, P.S.- Shikarganj, Distt - East Champaran.At present - D/o - Panchu Sah, Resident of Parewa, P.S.- Shikarganj, Distt - East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anang Mohan Sinha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2019 This is an application for grant of anticipatory bail in connection with Trial No. 1556 of 2018, arising out of Complaint Case No. 193-C of 2017, disclosing offences under Sections 498A and 494. 34 of the Indian Penal Code. Case is under Section 498-A of the IPC with an allegation of demand of dowry, for that, assaulted the informant and ousted her from the house.

After appearance of the opposite party no.2, matter was referred to the Patna High Court Mediation and Reconciliation Center. It appears from the mediator's report, which is available at Flag 'M' that the mediation has failed. Submission of learned counsel for the petitioner is that before the mediation, there was a talk of Rs.95,000/- as one

Patna High Court CR. MISC. No.25111 of 2019(4) dt.28-08-2019 2/3 time settlement and talk was almost finalized but due to behaviour of the opposite party no.2, the same could not be materialized and he is still ready to pay Rs.1,50,000/- as one time settlement. The opposite party no.2 has also agreed with Rs.1,50,000/- as one time settlement in this case. In such view of the matter, let the petitioner, above named, surrender before the learned court below by 06.09.2019 with a bank draft of Rs.50,000/- in favour of opposite party no.2 and on that day, he will be released on provisional bail for a period of two months. During that period, the petitioner will pay the rest of the amount in two equal installments of each by bank draft to the opposite party no.2. Once the total amount is paid, the bail bonds of the petitioner shall be confirmed. The aforesaid bank draft be handed over to the opposite party no.2complainant. It is made clear that as the matter has been dissolved between the parties, as such, it is expected that both the parties will not pursue the case against each other.

With the aforesaid observations, this application is disposed of.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T

Patna High Court CR. MISC. No.25111 of 2019(4) dt.28-08-2019 3/3