Mukesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31977 of 2019 Arising Out of PS. Case No.-333 Year-2017 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Mukesh Sharma, Son of Jaypal Sharma, Resident of Village- Dhusari, P.S.- Atri, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sita Kumari, Wife of Mukesh Sharma, Daughter of Girijesh Thakur Resident of Village- Dhusari, P.S.- Atri, District- Gaya presently Residing at VillageSohraiya, P.S.- Parasbigha, District- Jehanabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivendra Prasad, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP For the Informant :

Mr. Sunil Srivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-09-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 333 of 2017, disclosing offences under Sections 323, 504 and 498A of the Indian Penal Code.

Case is under Section 498-A of the IPC.

On appearance of the opposite party no. 2, the matter was referred to the Patna High Court Mediation & Reconciliation Center, vide order dated 09.09.2019. The report of Mediator is available on record at Flag "X" which disclosed that the dispute between the parties has been resolved and the terms of settlement mutually agreed upon them, which is attached with the mediator's report. The Mediator's report disclosed that both the parties shall reside together and father

Patna High Court CR. MISC. No.31977 of 2019(5) dt.27-09-2019 2/3 and mother of the petitioner shall not interfere with the affairs of the petitioner and opposite party no.2.

Learned counsel for the opposite party no.2 has stated that petitioner has taken her and residing together, but thereafter, he has no information about the opposite party no.2. In such view of the matter, let the petitioner, above named, appear before the learned court below on 16.10.2019 and on that day, the opposite party no.2 shall also remain present in the Court, the learned court below shall verify the marital relationship between the parties. Once being satisfied with the same and considering the mediation that the dispute has been resolved between them, the provisional bail granted to the petitioner, vide order dated 08.08.2019 shall be confirmed, otherwise, he may watch their marital relationship for further period as he may deem for, before confirming the bail bonds of the petitioner.

Let a copy of Mediator's report along with terms of agreement be sent to the court concerned for needful. With the aforesaid, this application is allowed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T

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