Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34010 of 2019 Arising Out of PS. Case No.-2221 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== SUDHIR KUMAR Son of Late Surendra Prasad Sah Resident of Village - Mahavir Chowk, Murari Tola, P.S.- Kasba, Dist.- Purnia. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Archana Gupta D/o Shri Narayan Prasad Gupta Resident of Village - Bhatiyari, Bathnaha, P.s.- Jogbani, Dist.- Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.2221-C of 2018 registered for offences punishable under Sections 498A, 379, 323, 504, 34 of the Indian Penal Code and Section 3⁄4 of the D.P.Act. Case is under Section 498A of the IPC and on appearance of the O.P.no.2 (wife), the matter was referred to the District Mediation Centre, Araria and the report of the District Mediation Centre is available at flag 'M, from which it appears that the matter has been settled between the parties on payment of Rs.16 lac to the O.P.no.2 with condition that the petitioner has to pay Rs.08 lac at the time of furnishing bail bond and after payment of the rest of the amount, they will file petition for divorce on mutual consent. They have accepted the same and

Patna High Court CR. MISC. No.34010 of 2019(5) dt.18-10-2019 2/2 the petitioner has also filed an affidavit stating that he will abide by the aforesaid condition.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with a direction to the petitioner to surrender before the learned court below within a period of six weeks from the date of receipt of the order and on surrender and condition of fulfillment by the petitioner of payment of Rs.08 lac at the time of furnishing bail bond , he will be released on bail on condition that rest of the amount of Rs.08 lac he has to deposit at the time of filing of the divorce on mutual consent. Both the parties are expected to abide by conditions as agreed between them before the learned meditator . Let a copy of the mediator report be sent to the court concerned for the needful.

With the aforesaid direction, this application is disposed of.

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