Rakesh Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10607 of 2016 Arising Out of PS.Case No. -17 Year- 2016 Thana -AGIAUN District- BHOJPUR ======================================================

1. Rakesh Kumar Singh Son of Dineshwar Singh Resident of Village Lalbhuani Police station Agiaon G in the District Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Anita Devi wife of Rakesh Kumar Singh, Daughter of Jai Kumar Singh At Present resident of Village- Ichari Police Station Ayar in the District of Bhojpur.

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Ashraf Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-08-2016 The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 406, 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfilment of dowry demand. On the joint prayer of the parties, the matter was referred to the Mediation & Conciliation Centre of the State Legal Services Authority vide order dated 25.04.2016. The report of the Mediator at Flag-A dated 26.08.2016 reflects that the issue could not be resolved through the process of mediation.

It is submitted by learned counsel for the petitioner that though the issue was resolved on the basis of

Patna High Court Cr.Misc. No.10607 of 2016 (4) dt.30-08-2016 2/2 payment of one time settlement amount of Rs. 3,00,000/- but subsequently the petitioner realized that he was not capable of making such payment. Now the petitioner is offering payment of Rs. 1,00,000/- as one time settlement amount. It is submitted by learned counsel for the informant that the issue was resolved on payment of Rs. 3,00,000/- as one time settlement amount but at the time of signing the terms of the agreement the petitioner escaped from the Chamber of the Mediator.

Considering the nature of dispute, let learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Agiaon(G) P.S. Case No. 17 of 2016, pending in the Court of learned Additional Chief Judicial Magistrate, VII, Bhojpur at Ara.

With the observations above, the application stands disposed of.

(Dinesh Kumar Singh, J) Shageer/- U T