Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30461 of 2019 Arising Out of PS. Case No.-64 Year-2018 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== VIKASH KUMAR Son of Jai Ram Yadav, Resident of Village-Bishwakurba, Police Station-Hilsa, District-Nalanda.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Babita Devi Wife of Vikash Kumar Resident of Village-Bishwakurba,Police Station-Hilsa,District-Nalanda At present Daughter of Mahesh Yadav, Resident of Village-Alipur (Sipara), Police Station-Hilsa, District-Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 64C of 2018 instituted for the offences punishable under Sections 341, 323, 504, 498A, 379/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.

Allegation against the petitioner is that he assaulted the complainant with respect to demand of motorcycle. It appears that on appearance of opposite party No.2 the matter was referred to Patna High Court Mediation and Conciliation Centre but mediation failed.

Submission of learned counsel for the petitioner is that the matter was almost settled but the dispute arose with

Patna High Court CR. MISC. No.30461 of 2019(4) dt.21-08-2019 2/2 respect to payment for one time settlement and petitioner was ready to pay Rs.60,000/-, whereas the demand of opposite party No.2 was Rs.1 lac and he is still ready to resolve the dispute by way of one time settlement but the amount is excessive as petitioner is a very poor person.

Heard learned APP and learned counsel for opposite party No.2, who has opposed the prayer for anticipatory bail on the ground that after one time settlement opposite party No.2 has to maintain her whole life and the amount of Rs.1 lac is not a big amount.

In view of above facts and circumstances, this application is disposed of with direction to petitioner to surrender and pray for regular bail and if he is ready to pay the aforesaid amount of Rs.1 lac even on five instalments to opposite party No.2 learned court below shall consider the same while passing order on bail application of the petitioner and, if possible, to be disposed of on the same day.

(Vinod Kumar Sinha, J) spal/- U T