Shrawan Kumar Sah @ Shrawan Kumar And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79488 of 2018 Arising Out of PS. Case No.-101 Year-2017 Thana- MAHILA P.S. District- Saharsa ====================================================== 1.
Shrawan Kumar Sah @ Shrawan Kumar, S/o Kedar Sah 2.
Kedar Sah S/o Nako Sah 3.
Pinki Devi W/o Anil Sah 4.
Anil Sah S/o Kedar Sah 5.
Sunil Sah S/o Kedar Sah All are residents of Vill-Telhar, P.S-Mahishi, Distt.-Saharsa ... ... Petitioner/s
Versus
1.
State of Bihar 2.
Chandra Devi D/o Bhogi Sah, W/o Shrawan Kumar Sah @ Shrawan Kumar Residence of vill-Lalganj,P.S-Bihra,Distt.-Saharsa. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amarnath Jha, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-07-2019 Heard learned counsel for the petitioners and learned APP representing the State.
The petitioner no.1 apprehends his arrest in connection with Saharsa Mahila P.S. Case No. 101 of 2017, registered under Sections 498(A)/323/379/504/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The petitioner no.1 is husband of O.P. No.2. There was dispute between the parties relating to compatibility in marriage and accordingly, O.P. No.2 has lodged the present case against the petitioners and other family members.
Patna High Court CR. MISC. No.79488 of 2018(5) dt.17-07-2019 2/3 The matter was referred for mediation by this Court and Flag 'B' is the mediation report. From perusal of the same, it appears that the parties have settled their dispute amicably and the petitioner no.1 has offered a sum of Rs. 2,50,000/- to O.P. No.2 as full and final settlement and O.P. No.2 has given consent to finally compromise Saharsa Mahila P.S. Case No. 101 of 2017. It appears that entire amount of Rs. 2,50,000/- has already been transferred in the bank account of O.P. No.2, namely, Smt. Chandra Devi.
After having heard learned counsel for the parties and taking into consideration the fact from perusal of mediation report, it is evident that the parties have compromised their dispute finally, I am inclined to grant anticipatory bail to the petitioner no.1, subject to the terms and conditions as mentioned in the mediation report dated 04.07.2019.
Let the petitioner no.1, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Mahila P.S. Case No. 101 of 2017; subject to condition as laid down under Section 438(2) of the
Patna High Court CR. MISC. No.79488 of 2018(5) dt.17-07-2019 3/3 Code of Criminal Procedure.
(Anil Kumar Sinha, J) S. Katyayan/- U T