Chandrashekhar Mistry v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2625 of 2016 Arising Out of PS.Case No. -1723 Year- 2014 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ====================================================== Chandrashekhar Mistry S/o Awdhesh Mistry Resident of Village - Gambhirpur, P.S. - Warsaliganj, District - Nawada .... .... Petitioner/s

Versus

1. The State of Bihar

2. Binita Devi D/o Nandlal Mistry R/o Masuda, P.S. - Warsaliganj, District - Nawada .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Rajendra Singh Shastri(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 01-03-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 494 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

The basic accusation is of torture for non-

Patna High Court Cr.Misc. No.2625 of 2016 (3) dt.01-03-2016 2/3 fulfillment of the dowry demand and performing second marriage.

On the joint prayer of the parties the matter was referred to the Mediation Centre of the Bihar State Legal Services Authority. The report of the Mediator at Flag 'A' reflects that the issue has been resolved between the parties. It is submitted by learned counsel for the petitioner that both sides agreed to reside together. Counsel for the complainant does not dispute the contention of the counsel for the petitioner. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Complaint Case No. 1723 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Either side will be at liberty to file appropriate application in case of breach of terms of agreement. Let the order be transmitted to the learned court

Patna High Court Cr.Misc. No.2625 of 2016 (3) dt.01-03-2016 3/3 below along with the report of the Mediator along with terms of agreement.

DKS/ (Dinesh Kumar Singh, J.) U T