Mithilesh Yadav @ Mithu Yadav @ Mithilesh Kumar @ Mithilesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33748 of 2024 Arising Out of PS. Case No.-800 Year-2023 Thana- COMPLAINT CASE District- Araria ====================================================== Mithilesh Yadav @ Mithu Yadav @ Mithilesh Kumar @ Mithilesh Son of Bishwanath Yadav @ Vishwanath Yadav R/o Village - Charna (Charne), P.S.- Chhatapur, District - Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dezi Devi Daughter of Nunu Lal Yadav W/o Mithilesh Yadav @ Mithu Yadav @ Mithilesh Kumar @ Mithilesh, R/o Village - Gangbhag, Parwati Tola, P.S.- Simraha, District - Araria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhav Jha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for anticipatory bail, apprehending his arrest in a case registered for the offences punishable under Sections 323, 504, 498A and 494 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. It is a case of matrimonial dispute between the petitioner and opposite party no. 2

4. Earlier vide order dated 29.07.2024 with consent of

Patna High Court CR. MISC. No.33748 of 2024(6) dt.19-02-2025 2/3 both the parties, this matter was referred to the Mediation and Conciliation Center, Patna

5. It reveals from Memorandum of Agreement dated 16.01.2025 that both the parties agreed to live separately and petitioner has offered to pay Rs. 2,85,000/- (two lakhs eighty five thousand only) as full and final settlement amount to opposite party no. 2, which the O.P. No. 2 has accepted and received a demand draft of Rs. 2,85,000/- bearing Demand Draft No. 427988 dated 14.01.2025.

6. In the meantime, as per their agreement, both parties are directed to withdraw the cases pending against each other. As also, abide the other condition if any, incorporated in the said agreement.

7. Having heard learned counsel for the parties and considering the facts mentioned in Memorandum of Agreement before Patna High Court Mediation Center, let the petitioner above named, in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, be enlarged on provisional bail in connection with Araria Complaint Case No. 800 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Araria

Patna High Court CR. MISC. No.33748 of 2024(6) dt.19-02-2025 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8. Trial Court is directed to confirm the provisional bail granted to the petitioner after verifying the deposit receipts of payment of the entire amount i.e. Rs. 2,85,000/- (two lakhs eighty five thousand only) by the petitioner to the opposite party. Trial Court will also verify the withdrawal of pending cases, if any, between both the parties.

9. Accordingly, the instant application stands disposed of. Prakash/- (S. B. Pd. Singh, J) U