Jitesh Kumar Sisodhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39069 of 2024 Arising Out of PS. Case No.-520 Year-2023 Thana- BAKHTIYARPUR District- Patna ====================================================== Jitesh Kumar Sisodhiya Son of Bijendra Singh Resident of Ram Nagar Diyara, P.S.- Athmalgola, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Roma Devi Wife of Jitesh Kumar Sisodhiya Resident of Ram Nagar Diyara, P.S.- Athmalgola, Dist.- Patna.

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

For the Petitioner :

Mr.Rakesh Bihari Singh For the State :

Mr.Md. Mushtaque Alam For the O.P.-2 :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State. Today again, no body appears on behalf of opposite party no. 2.

2. The petitioner, husband of opposite party no. 2, apprehends his arrest in a complaint case punishable for the offence under Sections 323, 341, 498(A), 506, 34 of the Indian Penal Code.

3. At the outset, learned counsel for the petitioner submits that the dispute between the parties has been settled amicably through the process of mediation and both parties have agreed to live separately and for this, the petitioner offered to pay Rs. 4,00,000/- (Rupees four lacs) in installments, as full and

Patna High Court CR. MISC. No.39069 of 2024(4) dt.30-09-2024 2/3 final settlement amount and opposite party no. 2 has accepted the offer and gave her consent. With respect to payment of 1st installment of Rs. 1,00,000/- (one lac) to opposite party no. 2, learned counsel for the petitioner has come with a cheque / demand draft of Rs. 1,00,000/-. He is directed to hand over the same to the opposite party no. 2 in the Court below itself and receipt of payment of Rs. 1,00,000/- shall be furnished in the Court below at the time of furnishing bail-bond.

4. Here, it is relevant to mention that earlier, with consent of the parties, the matter was referred to Mediation & Conciliation Centre of Patna High Court to explore the possibility of settlement between the parties, which has been resolved in terms of Memorandum of Agreement annexed with Mediator's report.

5. Considering the fact that dispute between the parties has been resolved, the prayer for anticipatory bail of petitioner is allowed.

6. Let the petitioner, as named above, in the event of arrest/surrender within a period of eight weeks from today, 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 learned A.C.J.M. - III, Barh, District - Patna in

Patna High Court CR. MISC. No.39069 of 2024(4) dt.30-09-2024 3/3 connection with Bakhtiyarpur P.S. Case No. 520 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that petitioner shall abide by all the terms & conditions, mentioned in Memorandum of Agreement, failing which, learned Court below shall be at liberty to cancel the bail-bond of the petitioner.

(Prabhat Kumar Singh, J) anay U T