Gayan Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78641 of 2018 Arising Out of PS. Case No.-304 Year-2018 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Gayan Sah, S/o Narayan Sah, Resident of Village- Machhargaon, P.S. Bagaha, District- West Champaran.

... ... Petitioner

Versus

1.

State Of Bihar 2.

Nitu Devi, W/o Gayan Sah, D/o Ramawadh Prasad, Resident of VillageBaisahi, P.S. Bhairoganj, District- West Champaran. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-04-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. C-304 of 2018, corresponding to Trial No. 3119 of 2018, in which cognizance has been taken under Section 498A of the Indian Penal Code.

Since both the parties appeared, vide order dated 25.2.2019 the matter was referred to the Patna High Court Conciliation and Mediation Centre and the report of the Centre at Flag 'B' shows that both the parties have resolved the dispute as per terms and conditions annexed with the report. Heard both sides, who have not controverted the above fact.

In view of above facts and circumstances, let the petitioner, above named, surrender within a period of six weeks from

Patna High Court CR. MISC. No.78641 of 2018(4) dt.29-04-2019 2/2 the receipt of this order and on surrender he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Bagaha, West Champaran, in connection with Trial No. 3119 of 2018, arising out of Complaint Case No. C-304 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further condition is that both the parties shall abide by the terms and conditions of mutual agreement reached between the parties as per the report of the Mediation Centre, otherwise the opposite party No.2 is free to move before the court below.

Let a copy of the report of the Mediation Centre along with the memorandum of agreement be sent to the court below for needful.

(Vinod Kumar Sinha, J) spal/- U T