Pintu Mandal @ Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34235 of 2019 Arising Out of PS. Case No.-2464 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Pintu Mandal @ Pintu Kumar Son of Ram Naresh Mandal Resident of Village- Mahisautha, P.S.- Aurai, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Renu Devi Wife of Pintu Mandal, daughter of Sitaram Mandal Resident of Village- Ramnagar, P.S.- Aurai, District- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner, learned counsel for the complainant and the State.

The petitioner apprehends his arrest in Complaint Case No. 2464 of 2018, registered for the offence punishable under Section 494, 498(A) of the Indian Penal Code. Vide earlier order dated 23.08.2019, the matter was referred to the Mediation Centre, Patna High Court for settlement of dispute between the parties with direction to submit its report. Pursuant thereto, the office has reported that Mediator's report is kept at flag 'M'.

It is submitted on behalf of petitioner that dispute between the parties has already been resolved through the

Patna High Court CR. MISC. No.34235 of 2019(4) dt.18-02-2020 2/3 process of mediation, accordingly, an agreement/settlement is drawn and signed by the parties and this fact is also not disputed by the counsel for Opposite Party no. 2.

In view of the terms and conditions of the agreement/settlement drawn between the parties which is kept at flag 'M', this court is inclined to extend the privilege of anticipatory bail to the petitioner above-named. Let the petitioner in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this 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 Additional Chief Judicial Magistrate XIII, Muzaffarpur in connection with Complaint Case No. 2464 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

Patna High Court CR. MISC. No.34235 of 2019(4) dt.18-02-2020 3/3 (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T