Amit Kumar @ Amit Kumar Mandal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6 of 2016 Arising Out of PS.Case No. -63 Year- 2015 Thana -MANIHARI District- KATIHAR ======================================================

1. Amit Kumar @ Amit Kumar Mandal Son of Panchanand mandal Resident of Village- Kirshn Nagar, Kewala, P.s manihari, District Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Baby Kumari D/o Shiv Narayan Mandal, Wife of Amit Kumar , Resident of Village- Hanswar, P.s Manihari, District Katihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Musowir, Advocate For the Opposite Party/s : Mr. Dr.M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-06-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and 4 of the Dowry Prohibition Act.

The basis accusation is of torture for nonfulfillment of dowry demand. On the joint prayer of the parties, the matter was referred to the Mediation Centre of Bihar State Legal Services Authority vide order dated 29.03.2016. The report of the Mediator dated 20.05.2016 reflects that the issue has been resolved between the parties and the petitioner was supposed to take the informant on 25.05.2016 to keep the informant as

Patna High Court Cr.Misc. No.6 of 2016 (4) dt.27-06-2016 wife with full dignity and honour.

It is submitted by the learned counsel for the petitioner that petitioner admits his marriage with the informant and in pursuance of the terms of agreement petitioner is ready to keep the informant with him, but the informant's side did not allow the informant to go with the petitioner.

The petitioner and informant are present.

The petitioner is ready to take the informant to his place of employment from the Court itself.

Learned counsel for the informant submits that informant is ready to accept the offer of the petitioner. Both sides agree to abide by the terms of agreement reached between the parties.

Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for one year in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned J.M., Ist Class, Katihar, in connection with Manihari P.S. Case No. 63 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The provisional bail of the petitioner will be confirmed by the learned court below, if both sides abide by the

Patna High Court Cr.Misc. No.6 of 2016 (4) dt.27-06-2016 terms of agreement reached between the parties. Let, the report of the Mediator along with the terms of agreement be transmitted to the concerned learned court below.

(Dinesh Kumar Singh, J) P.K./- U T