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Patna High CourtCR. MISC./25728/2019bail granted

Deepak Rajak v. The State Of Bihar

2019-08-05Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25728 of 2019 Arising Out of PS. Case No.-486 Year-2018 Thana- FALKA District- Katihar ====================================================== DEEPAK RAJAK, aged about 22 years, Male, Son of Sanjay Rajak, Resident of Village - Salehpur, P.S.- Falka, District- Katihar ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Sunita Devi, aged about 20 years, Male, D/O - Late Bhagwan Muni, Wife of Deepak Rajak Presently residing at her Mike Village- Rajdhani, P.S.- Falka, District- Katihar ... Opposite Parties ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Bimal Kumar, Adv.

For the Opposite Parties :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Falka P.S. Case No. 486 of 2018 for the offences alleged under Sections 341, 323, 498A, 504 and 34 of the Indian Penal Code and 3 and 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that on the joint prayer of both the parties, the matter was referred to Patna High Court Mediation Committee where both the parties have settled the dispute in terms of the memorandum of agreement, as per the report of the Mediator, dated 30.07.2019. According to the memorandum of agreement, Rs.2,00,000/- is to be paid by

Patna High Court CR. MISC. No.25728 of 2019(3) dt.05-08-2019 2/2 the petitioner to opposite party no. 2, out of which Rs.1,00,000/- has already been paid and Rs.1,00,000/- is to be paid by the petitioner till 30th of August, 2019.

Since, the dispute in between the petitioner and opposite party no. 2 has been settled in terms of the agreement of the memorandum, dated 30.07.2019, which is part of the Mediator's report, the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Falka P.S. Case No. 486 of 2018 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, V, Katihar, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T