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Patna High CourtCR. MISC./49779/2016allowed

Rupesh Kumar Gupta v. State Of Bihar And ANR

2017-06-22Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49779 of 2016 Arising Out of PS.Case No. -26 Year- 2016 Thana -MAHILA P.S. District- PATNA ====================================================== Rupesh Kumar Gupta, Son of Late Krishna Chandra Gupta, residen of Village: Lai Bazar, P.S.: Bihta, District: Patna, presently residing at Chitrakut, Flat No. 90, Sri Mad Society, Nagarbang Road (Opp. Ground), Morwai Rajkot, Gujrat.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Jyoti Kumari @ Rinki w/o Rupesh Kumar Gupta, D/o Sri Badri Narayan Gupta, resident of Village: Mehandiganj, P.S: Mehandiganj, District: Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Tiwari For the Opposite Party/s : Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 26 of 2016 registered under Section 498A/34 of the Indian Penal Code and section 3⁄4 of the D.P. Act. Learned counsel appearing on behalf of the petitioner submits that the dispute between the parties has been resolved through the process of mediation.

On perusal of report of the Mediation and Conciliation Centre, it appears that both the parties have resolved their disputes by payment of one time settlement amount and ready to file petition for mutual divorce in the Court below. Both

Patna High Court Cr.Misc. No.49779 of 2016 (5) dt.22-06-2017 2/2 the parties will live separately and will not claim anything in future against each other.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of 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, Patna in connection with Mahila P.S. Case No. 26 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shailendra/- U T