Raja Babu @ Raja Babu Kumar @ Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31936 of 2025 Arising Out of PS. Case No.-266 Year-2024 Thana- SATHI District- West Champaran ====================================================== Raja Babu @ Raja Babu Kumar @ Bablu Kumar S/O Raj Kumar Raut Resident of village- Laxmipur, P.S.- Sathi, Distt.- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Radha Kumari W/O Raja Babu @ Raja Babu Kumar @ Bablu Kumar, D/O Bharat Shah Resident of village- Laxmipur, Bari Tola, P.S.- Sathi, Distt.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dewanand Tiwari For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in Sathi P.S. Case No. 266 of 2024 registered under Sections 498(A), 323, 120(B) of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

3. It is a case of matrimonial dispute.

4. As jointly submitted, the matter has been resolved in the Mediation Centre. The terms and conditions of the agreement annexed with the mediator's report dated 10-10-2025 are as follows:

(i) That after great persuasion both the parties agreed to live separately and for this the

2/5 Petitioner (Raja Babu Raja Babu Kumar Bablu Kumar) offered to pay Rs.08,50,000/-(Rupees Eight Lakhs Fifty Thousand Only) as full and final settlement amount to the Opposite Party No.2 (Radha Kumari). Opposite Party No.2 accepted the offer and gave her consent.

(ii) That the husband/petitioner agreed to pay the aforesaid settlement amount in the sum of Rs.08,50,000/-(Rupees Eight Lakhs Fifty Thousand Only) in four Instalments in following manner:-(A) The Petitioner (Raja Babu Raja Babu Kumar Bablu Kumar) has handed over a cheque bearing No.041186, dated 09.10.2025, Bank of India of Rs.1,00,000/-(Rupees One Lakh). The second instalment of Rs.1,50,000/-(Rupees One Lakhs Fifty Thousand) shall be paid by the petitioner to the Opposite Party No.2 within two months from today and on the same day on which both the parties will file a sult for decree of divorce with mutual consent.

Thereafter the petitioner shall pay

3/5 Rs.2,00,000/- (Rupees Two Lakhs) in two equal installment within two months (i.e. Rs.1,00,000/- in each next month) from the date of filing of the suit for decree of divorce with mutual consent. Rest Rs.4,00,000/- (Rupees Four Lakhs) will be paid by the petitioner to the Opposite Party No.2 after recovery from land Broker. Thereafter, the Opposite Party No.2 will hand over the TVS Bike bearing Registration No.BR22AV8584 to the petitioner within a week.

(iii) That it is also agreed the Opposite Party No.2 will cooperate the petitioner/1st party in recovery of the aforesaid Rs.4,00,000/- (Rupees Four Lakh) from land broker.

(iv) That after payment of total aforesaid amount of Rs.8,50,000/-(Rupees Eight Lakhs Fifty Thousand) the Opposite Party No.2 will withdraw the present case bearing Sathi P.S. Case No.266 of 2024, Maintenance Case and other cases, if any.

Similarly, the petitioner shall also withdraw

4/5 his cases, if any, lodged against the Opposite Party No.2 and the decree of divorce with mutual consent can be sought to be passed only after payment of aforesaid Rs.8,50,000/-(Rupees Eight Lakhs Fifty Thousand).

(v) This settlement shall be full and final settlement and no party shall claim in future against each other, in any manner.

(vi) That the above contents of the agreement have been read over and explained to us in Hindi which are have fully understood and accepted there upon.

5. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of four weeks, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-9, Bettiah in connection with Sathi P.S. Case No. 266 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of BNSS, 2023.

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6. If either of the parties retracts from the terms and conditions of the agreement, the learned court below may take appropriate steps.

(Nawneet Kumar Pandey, J) A.K.V.//- U T