Sunil Vishwakarma @ Sunil Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29466 of 2019 Arising Out of PS. Case No.-576 Year-2018 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Sunil Vishwakarma @ Sunil Sharma, Son of Parshuram Vishwakarma Resident of Village- Malahiya, P.S.- Hanumanganj, District- Kushi Nagar (U.P.).
... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Anita Devi, Wife of Sunil Vishwakarma Daughter of Damodar Sharma, at present- Resident of Village- Shastri Nagar, Ward No. 14, P.S.- Bagaha, District- West Champaran.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Milind Kumar Mishra For the Opposite Party/s :
Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-10-2019 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the State as well as learned counsel Opposite Party No.2.
Petitioner apprehends his arrest in connection with Complaint Case No.C576 of 2018 (Tr. No.3579 of 2019), for the offence punishable under Section 498A of the Indian Penal Code. There is marriage discord between the petitioner and Opposite Party No.2. The matter was referred for Mediation for amicable settlement between the parties and the report of learned Mediator dated 22.10.2019 as well as Memorandum of Agreement between the parties dated 21.10.2019 are on record. From perusal of the report of learned Mediator, it appears that the both the parties have settled their dispute mutually and the terms and conditions of
Patna High Court CR. MISC. No.29466 of 2019(4) dt.24-10-2019 2/2 settlement as mentioned in the Memorandum of Agreement dated 21.10.2019 duly signed by the parties are on record In view of the fact that both the parties have mutually settled their dispute, let the provisional bail granted to the petitioner by order dated 25.07.2019 be confirmed after the entire amount having been paid by the petitioner to the O.P. No.2 to the tune of Rs.1,50,000/- as mentioned in the terms and conditions of agreement dated 21.10.2019.
This application is disposed of in the aforesaid terms. It is made clear that the petitioner will abide by the terms and conditions of the agreement. If the petitioner deviates from the terms and conditions of Memorandum of Agreement, the Opposite Party No.2 shall be at liberty to prefer an appropriate application before the appropriate Court of law.
(Anil Kumar Sinha, J) sanjeev/- U T