Akhilesh Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33506 of 2014 Arising Out of PS.Case No. -25 Year- 2014 Thana -MAHILA THANA District- BEGUSARAI ====================================================== Akhilesh Pandey Son of Bijay Shankar Pandey Resident of - Bishwanath Nagar, P.S. - Town District - Begusarai.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Juli Kumari D/o Sudhakar Mishra Resident of Balinath Nagar, P.S. - Town, District- Begusarai.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Chandan Kumar Verma, Advocate. For the Opposite Party : Mr. Madhuranand Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 26-08-2015 Heard learned counsel for the petitioner and learned counsel for the opposite party no. 2.

The petitioner is enjoying privilege of provisional bail. The matter was sent to Mediation Board for settlement between the petitioner and opposite party no. 2 by the mediator. However, the same was returned with the report of the Mediator that in spite of best and sincere efforts, the dispute between the parties could not be resolved However, during hearing of the bail petition, learned counsels for both the parties submits that both petitioner and opposite party no. 2 have agreed that they are not ready to live together and has amicable settled to be separated as marriage have been divorce on condition that the petitioner shall pay of Rs.

Patna High Court Cr.Misc. No.33506 of 2014 (6) dt.26-08-2015 3,50,000/- (Three lakhs fifty thousand) and return the article of the victim for full and final settlement for any maintenance in lieu of divorce and will have no concern with one another there. Learned counsel for the petitioner submits that the amount of Rs. 3,50,000/- and article shall be returned within six months. Regard being had to the submission and fact, the provisional bail granted to the petitioner shall be confirmed, subject to condition confirming the agreement between the party mentioned above with only realization that petitioner will pay Rs. 2,00,000/- within a period of two months from today and rest amount of Rs.1,50,000/- and article of opposite party no.

2 in the house of the petitioner will be paid/return within four months thereafter to the satisfaction of the trial court. Further condition that after receiving of Rs.2,00,000/- within two months from today, opposite party no. 2 shall withdraw Town P.S. Case No. 410 of 2015 as well as to file petition for withdraw of her case bearing Mahila P.S. Case No. 25 of 2014 at the time of or on the date of receiving Rs. 1,50,000/- and on satisfaction of payment of the amount and article as per statement of petitioner, the trial court shall confirm the bail bond. After payment of entire amount, both the petitioner and the opposite party no. 2 will file a compromise petition before the court below and the opposite party no.

Patna High Court Cr.Misc. No.33506 of 2014 (6) dt.26-08-2015 not pursue the case any more and shall made all efforts to get the case compromised and disposed off on compromise and court below shall act on compromise petition file by both the parties and the trial court having satisfied take step to dispose of the case. Hence, with the above observation the petition is disposed off.

m.p.

(Gopal Prasad, J) U T