Upendra Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75806 of 2018 Arising Out of PS. Case No.-119 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== Upendra Yadav Son of Sri Late Mansa Yadav, Resident of Village- Gudra, P.S.- Majhaulia District- West Champaran.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Pushpa Devi, Wife of Sri Upendra Yadav, Resident of Village- Gudra, P.S.- Manjhaulia, District- West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-08-2019 Heard Mr. Abhishek Kumar, learned counsel for the petitioner and Mr. Bimlesh Kumar Pandey, learned counsel for the O.P.No. 2.

The dispute between the petitioner and O.P.No. 2 relates to incompatibility in marriage and the matter was referred to in mediation before the Patna High Court Mediation and Concilliation Centre. The report of the learned Mediator dated 30.07.2019 is on record and from perusal of terms of compromise dated 25.07.2019, it appears that both parties have settled their dispute amicably before the learned Mediator and terms and conditions of settlement have been accepted jointly and signed by both the parties, dated 25.07.2019.

Patna High Court CR. MISC. No.75806 of 2018(8) dt.14-08-2019 2/2 In view of the aforesaid, let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail, subject to fulfillment of all the terms and conditions mentioned in Memorandum of Agreement dated 25.07.2019 between the parties and upon production of duly acknowledged receipt of O.P.No. 2 regarding payment of Rs. 2,50,000/- and other belongings, upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned CJM, West Champaran, Bettiah in connection with Majhaulia P.S.Case No. 119 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

However, it is made clear that if terms and conditions of agreement dated 25.07.2019 is not fulfilled by the petitioner, O.P.No. 2 shall have liberty to move before the court below for cancellation of his bail bond.

(Anil Kumar Sinha, J) sujit/- U T