Vicky Jaiswal @ Vicky Kumar @ Vikky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32613 of 2019 Arising Out of PS. Case No.-97 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Vicky Jaiswal @ Vicky Kumar @ Vikky Kumar, Age 26 years, Gender Male, Son of Bachababu Jaiswal, Resident of Village Sharfuddinpur, P.S. Bochaha, Muzaffarpur, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Aarti Jaiswal @ Aarti Jayswal @ Vimal, Age 22 years, Gender Female, Wife of Vicky Jaiswal, Daughter of Bhagwan Prasad Jaiswal, Presently Resident of Village Bhagwanpur, Post Gheghwa, P.S. Madhuban, District East Champaran at Motihari, Bihar.

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

For the Petitioner/s :

Mr.Vikash Kumar Pankaj For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-02-2021 Heard the learned counsel for the petitioner, the learned Additional P.P. and the learned counsel appearing on behalf of the complainant.

The petitioner apprehends his arrest in Complaint Case No.97(C) of 2018 for the offences allegedly committed by the petitioner under Section 498A of the Indian Penal Code and under Sections 3⁄4 of the Dowry Prohibition Act. From the order dated 13.08.2019, it appears that on the request of the husband and the wife, the matter was referred to Mediation Centre, Patna High Court, Patna for resolution of the dispute between the husband and the wife. It is submitted at the bar that both the parties agreed for one time settlement. The husband agreed to pay Rs.5,00,000/- to the wife. Rs.50,000/- has already been paid to

Patna High Court CR. MISC. No.32613 of 2019(6) dt.24-02-2021 2/2 the wife-complainant. The husband undertakes to pay remaining Rs.4,50,000/- within five months from today. Learned counsel for the complainant prays that a direction be issued to pay the remaining amount within less period.

Taking into consideration the facts and the fact that both the husband and the wife have agreed to part with each other after payment of Rs.5,00,000/- out of which Rs.50,000/- has already been paid, the petitioner, namely, Vicky Jaiswal @ Vicky Kumar @ Vikky Kumar in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, 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 the learned S.D.J.M., Sadar at Motihari in connection with Complaint Case No.97(C) of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. It is further directed that the husband shall pay the remaining amount, i.e., Rs.4,50,000/- through Demand Draft to his wife within five months from the date of receipt of this order, failing which the learned court below shall cancel the bail bond of the petitioner immediately thereafter. (Prabhat Kumar Jha, J) S.KUMAR/- U T