Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28851 of 2019 Arising Out of PS. Case No.-1664 Year-2017 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Sunny Kumar, Son of Babu Bhai Patel Resident of Village - Jadhua Bagtola, P.S.- Hajipur Town, District- Vaishali ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Anjali Kumari, Wife of Sunny Kumar, D/o- Petharu Das At present Resident of Pharpur Purvi, P.S.- Raghopur, District- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-11-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of Opposite Party No.2. Petitioner apprehends his arrest in connection with Complaint Case No.1664 of 2017, Tr. No.2295 of 2019, for the offence punishable under Sections 341, 323, 498(A), 494, 379, 504/34 of the Indian Penal Code.

Pursuant to the order dated 09.09.2019 and 17.10.2019, both petitioners as well as Opposite Party No.2 are present before this Court along with their respective clients. Learned counsel for the petitioner upon instruction submits that petitioner is ready to pay a sum of Rs.2 lakhs within a period of one and a half month in favour of Opposite

Patna High Court CR. MISC. No.28851 of 2019(9) dt.06-11-2019 2/3 Party No.2, by way of amicable and final settlement. The offer made by the petitioner has been accepted by learned counsel for Opposite Party No.2, upon instruction.

In view of the offer made by the petitioner and accepted by Opposite Party No.2, the petitioner, above named, is directed to surrender before the learned Court below within a period of ten weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon 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., Hajipur, Vaishali, subject to the condition that petitioner will pay a sum of Rs. 1 lakh within a period of 15 days in the bank account of the Opposite Party No.2, number of which shall be furnished by learned counsel for Opposite Party No.2 to learned counsel for the petitioner within ten days. Learned counsel further submits that balance amount of Rs. 1 lakh shall be paid by 31st December, 2019 positively in the bank account of Opposite Party No.2.

It is made clear that the petitioner will attach proof of making entire payment of Rs.2 lakhs in favour of Opposite Party No.2, along with surrender-cum-bail application. Both the parties have agreed that all the cases pending

Patna High Court CR. MISC. No.28851 of 2019(9) dt.06-11-2019 3/3 between them either be withdrawn or compromised. The parties have also agreed that joint petition for divorce on the basis of mutual consent under Section 13(B) shall be filed after a period of three months.

Accordingly, this application is disposed of. (Anil Kumar Sinha, J) sanjeev/- U T