Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39607 of 2024 Arising Out of PS. Case No.-225 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Chandan Kumar S/o Naresh Prasad R/o Village-Khushrupur Bhushki Bazar Imarapar,Police Station-Khushrupur, District-Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar S.K.

For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned APP for the State.

2. The petitioner has filed the instant application for apprehending his arrest in a case registered for the offences punishable under Sections 498(A), 406, 324, 506, 120(B), 307/34 of the Indian Penal Code.

3. It is a case of matrimonial dispute between the petitioner and opposite party no. 2

4. Earlier vide order dated 25.09.2024, with consent of both the parties, this matter was referred to the Mediation and Conciliation Center, Patna.

5. It reveals from Memorandum of Agreement dated

Patna High Court CR. MISC. No.39607 of 2024(4) dt.17-01-2025 2/3 18.12.2024 that both the parties agreed to live separately and petitioner has offered to pay Rs. 2,15,000/- (Rupees Two Lakh Fifteen Thousand) as full and final settlement amount to opposite party no. 2, out of which he has paid Rs. 50,000/- (Rupees Fifty Thousand) and the rest amount i.e. Rs. 1,65,000/- (Rupees One Lakh Sixty five Thousand) within eight months by him.

6. In the meantime, as per their agreement, both parties are directed to withdraw the cases pending against each other.

7. Having heard learned counsel for the parties and considering the facts mentioned in Memorandum of Agreement before Patna High Court Mediation Center, this Court is inclined to enlarge the petitioner on provisional bail. The above named petitioner is directed to be enlarged on provisional bail in connection with Complaint Case No. 225 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st class, Barh (Patna).

8. Trial Court is directed confirm the provisional bail granted to the petitioner after verifying the deposit receipts of payment of the entire amount i.e. Rs. 1,65,000/- (Rupees One

Patna High Court CR. MISC. No.39607 of 2024(4) dt.17-01-2025 3/3 Lakh Sixty five Thousand) by the petitioner to the opposite party. Trial Court will also verify the withdrawl of pending cases between both the parties.

9. Accordingly, the instant application stands disposed of.

10. Both the parties are at liberty to file appropriate application before appropriate forum, if any of them breaches the terms and conditions as incorporated in Memorandum of Agreement, Patna High Court Mediation Center. (S. B. Pd. Singh, J) Ankit Kumar/- U T