Rajnish Kumar @ Golu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 36157 of 2024 Arising Out of PS. Case No.-254 Year-2021 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Rajnish Kumar @ Golu Son of Rajesh Prasad R/O Mohalla- Nooranganj, Bauliya Road, P.S. and P.O.- Sasaram, Dist.- Rohtas ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shobha Devi @ Shobha Kumari W/O Rajnish Kumar @ Golu , D/O Late Laxman Prasad R/O Vill.- Nooranganj, Bauliya Road, P.S. and P.O.- Sasaram, Dist.- Rohtas. At present R/O Mohalla- Kuraich Mahavir Sthan, Ward No.6, P.S. and P.O.- Sasaram, Dist.- Rohtas ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baban Kumar, Advovcate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP Mr. Sanjay Kumar Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2024 Heard learned counsel for the petitioner, State and complainant / opposite party no. 2.
2. The petitioner, husband of opposite party no. 2, apprehends his arrest in a complaint case punishable for the offence under Sections 341, 323, 498A, 504, 506, 34 of the Indian Penal Code and Section 3, 4 of the Dowry Prohibition Act.
3. At the outset, learned counsel for both the parties submit that the dispute between the parties has been resolved amicably through the process of mediation and as per Memorandum of Agreement, annexed with the Mediator's
Patna High Court CR. MISC. No.36157 of 2024(3) dt.08-08-2024 2/3 report, both parties have agreed to live separately and for this, the petitioner offered to pay Rs. 4,00,000/- (Rupees four lacs) in two installments, as full and final settlement amount as also the petitioner shall return the gift/goods, given at the time of marriage, to opposite party no. 2 and opposite party no. 2 has accepted the offer and gave her consent.
4. Here, it is relevant to mention that earlier, with consent of the parties, the matter was referred to Mediation & Conciliation Centre of Patna High Court to explore the possibility of settlement between the parties, which has been resolved in terms of Memorandum of Agreement annexed with Mediator's report, kept at flag 'A'.
5. Considering the fact that dispute between the parties has been resolved, the prayer for anticipatory bail of petitioner is allowed.
6. Let the petitioner, as named above, in the event of arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Rohtas at Sasaram in connection with Complaint Case No. 254 of 2021, subject to condition as laid down under Section 438(2) of the Code of
Patna High Court CR. MISC. No.36157 of 2024(3) dt.08-08-2024 3/3 Criminal Procedure with further following condition: "Petitioner shall abide by all the terms & conditions, mentioned in Memorandum of Agreement, failing which, learned Court below shall be at liberty to cancel the bail-bond of the petitioner."
(Prabhat Kumar Singh, J) anay U T