Ganesh Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 35807 of 2024 Arising Out of PS. Case No.-516 Year-2022 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Ganesh Tiwari Son Of Late Basisth Tiwari Resident Of Village -SURWARE Ke Baradhi, Police Station - Dinara , District Rohtas at Sasaram ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nidhi Kumari @ Ankita D/O Manoj Upadhaya R/O Village- Ahiwas, Mathiya, P.O.- Upari, P.S.- Ramgadh, Dist- Kaimur At Bhabhua At Present R/O - Village- Parsathua, P.S.- Parsathua, Dist- Rohtas At Sasaram ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP Mr. Surendra Kumar Choubey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for opposite party no. 2.

2. The petitioner, husband of opposite party no. 2, apprehends his arrest in a complaint case punishable for the offence under Sections 323, 341, 498A of the Indian Penal Code and Section 3, 4 of the Dowry Prohibition Act.

3. At the outset, learned counsel for both the parties submit that the dispute between the parties has been settled amicably through the process of mediation and both parties have agreed to live separately and for this, the petitioner offered to pay Rs. 1,20,000/- (Rupees one lac twenty thousand) in two installments, as full and final settlement amount and opposite party no. 2 accepted the offer and gave her consent.

Patna High Court CR. MISC. No.35807 of 2024(5) dt.01-10-2024 2/2

4. Here, it is relevant to mention that earlier, with consent of the parties, the matter was referred to Mediation & Conciliation Centre of Patna High Court to explore the possibility of settlement between the parties, which has been resolved in terms of Memorandum of Agreement annexed with Mediator's report.

5. Considering the fact that dispute between the parties has been resolved, the prayer for anticipatory bail of petitioner is allowed.

6. Let the petitioner, as named above, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on 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., Rohtas at Sasaram in connection with Complaint Case No. 516 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that petitioner shall abide by all the terms & conditions, mentioned in Memorandum of Agreement, failing which, the Court below would be at liberty to cancel the bail-bond of the petitioner. (Prabhat Kumar Singh, J) anay U T