Surya Narayan Praswad @ Surya Narayan Prasad @ Sippu v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46454 of 2017 Arising Out of PS. Case No.-2941 Year-2015 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Surya Narayan Praswad @ Surya Narayan Prasad @ Sippu son of Bhogendra Narayan Prasad @ Bhola Sah Resident of Mohalla - Ward No. 9,Post Office - Chowk, Jhanjharpur, P.S. Jhanjharpur, District - Madhubani. ... ... Petitioner
Versus
1. The State of Bihar.
2. Pooja Kumari wife of Surya Narayan Prasad @ Sippu daughter of Chamru Sah presently resident of village - Bishunpur, P.S. - Nagar, District Begusarai. ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr. Baleshwar Kamat, Advocate For the Opposite Party/s :
Sri Dashrath Mehta, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-03-2018 Heard learned counsel for the petitioner, learned counsel appearing on behalf of O.P. No.2 and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Complaint Case No. 2941-C- of 2015, registered under Section 498(A)/34 of the Indian Penal Code.
Learned counsel for the petitioner and O.P. No.2 submits that on the joint prayer of the parties, the matter was referred to Mediation Centre, Patna High Court, Patna for settlement of dispute between the petitioner and O.P. No.2, who are husband and wife. Further submission is that the dispute between the parties has been resolved through the process of Mediation. The petitioner
Patna High Court Cr.Misc. No.46454 of 2017(4) dt.28-03-2018 2/2 and O.P. No.2 entered into an agreement, which appears from the Mediator's report dated 24.03.2018, which the part of the report. The petitioner and O.P. No.2 decided to dissolve the marriage by degree of divorce by mutual consent. The petitioner shall pay a sum of Rs. 3,00,000/- to the O.P. No.2 through account payee Demand Draft before 24.06.2018.
Learned counsel appearing on behalf of O.P. No.2 submits that O.P. No.2 has no objection in allowing the prayer for pre-arrest bail of the petitioner as they have entered into an agreement dated 24.03.2018.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four 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 the Judicial Magistrate, 1st Class, Begusarai, in connection with Complaint Case No. 2941-C- of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T