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Patna High CourtCR. MISC./33295/2019disposed

Chitrasen Pandit @ Vinay v. The State Of Bihar

2019-09-11Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33295 of 2019 Arising Out of PS. Case No.-3731 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Chitrasen Pandit @ Vinay, an adult male, aged about 32 years, S/o Ram Briksh Pandit, resident of village- Marhara, P.S.- Noorsarai, District- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rabina Kumari, an adult Female, aged about 26 years, W/o Chitrasen Pandit @ Vinay, D/o Dharam Nath Pandit, resident of village- Marhara, P.S.- Noorsarai, District- Nalanda, at present village- Kurkuri, P.S.- Phulwarisharif, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saket Tiwary, Advocate For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned A.P.P. for the State.

The petitioner seeks bail in connection with Complaint Case No. 3731(C) of 2015 registered for the offences punishable under Sections 498A and 341 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. An affidavit has been filed on behalf of the opposite party no.2 on 18.07.2019 stating therein that in pursuance of the order dated 19.06.2019 passed by the Hon'ble Court, she tried to contact the petitioner for one time settlement but the petitioner is

Patna High Court CR. MISC. No.33295 of 2019(8) dt.11-09-2019 2/3 not responding to the proposal for one time settlement. Both the parties are agreed to one time settlement in the following conditions :

1.

The petitioner agrees to pay Rs.

8,00,000/- as an amount of one time settlement.

2.

Both the parties shall withdraw all the criminal cases instituted against each other.

3.

The petitioner and opposite party no.2 shall file a divorce petition with mutual consent. The petitioner shall pay Rs.4,00,000/- at the time of first motion/admission of divorce application and rest Rs.4,00,000/- shall pay at the time of final motion in the account of opposite party no.2 bearing Allahabad Bank Phulwarisharif Branch A/C No.20956956786, IFSC No.ALLA0210222.

4.

The petitioner and opposite party no.2 shall file divorce petition with mutual consent within a period of one month from the date of the provisional bail order.

In the facts and circumstances of the case, let the petitioner above named be released on bail provisionally on

Patna High Court CR. MISC. No.33295 of 2019(8) dt.11-09-2019 3/3 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Patna in connection with Complaint Case No. 3731(C) of 2015, subject to the condition that if any condition is not followed by the petitioner, the provisional bail bond of the petitioner shall stand automatically cancelled.

If the final payment is made to the opposite party no.2, the provisional bail of the petitioner shall automatically be confirmed.

This application is disposed of.

(Anjani Kumar Sharan, J) Nasimul/- U T