Satish Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35343 of 2020 Arising Out of PS. Case No.-48 Year-2019 Thana- MAHILA P.S. District- Rohtas ====================================================== Satish Kumar Mishra Son Of Shri Ramadhar Mishra Resident Of Village - Teldiha, P.S. - Madanpur, District - Aurangabad ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Ms. Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the Opposite Party/s :

Mr. Madhura Nath Jha, A.P.P.

For the Informant :

Mr. Umakant Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-03-2023 Heard Mr. Ajay Kumar Thakur, learned Counsel appearing on behalf of the petitioner; Mr. Madhura Nath Jha, learned Counsel appearing on behalf of the State and Mr. Umakant Mishra, learned Counsel appearing on behalf of the Informant.

2. The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 48 of 2019 registered under Section 498(A), 504, 506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. Vide order dated 21.12.2021 passed by this Court, the matter was referred to the Patna High Court Mediation Center so that the parties could arrive at for one time settlement.

Patna High Court CR. MISC. No.35343 of 2020(6) dt.17-03-2023 2/3 The learned Mediator has reported that through the process of mediation, the parties have mutually agreed on certain terms and conditions on 06.02.2023 and have recorded their signature in presence of their respective advocates. The report reveals that the settlement amount is Rs. 12,00,000/- (Rupees Twelve Lacs Only), which the petitioner has willingly agreed to pay in three installments.

4. It has been informed by the learned Counsel appearing on behalf of the petitioner that the entire settlement amount Rs. 12,00,000 (Rupees Twelve Lacs) has been already paid and the same has been received by the informant. The 1st installment of Rs. 4,00,000/ (Rupees Four Lacs) was paid through cheque of UCO Bank bearing No. 000002 dated 11.10.2022 credited in account of informant, 2nd installment of Rs. 4,00,000/- (Rupees Four Lacs) was paid vide Demand Draft No. 153960 dt. 01.12.2022 of UCO Bank and credited to informant and last one i.e. 3rd installment of Rs. 4,00,000/- (Rupees Four Lacs) has been paid by way of Demand Draft No. 153120 dated 04.01.2023 on 06.02.2023 credited in account of informant.

5. Learned Counsel appearing on behalf of the informant accepted the said fact.

Patna High Court CR. MISC. No.35343 of 2020(6) dt.17-03-2023 3/3

6. Considering the fact that the parties have mutually agreed to separate and the allegation made in the F.I.R., has lost its force in terms of the agreed terms and conditions.

7. Court below is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, 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 First Class, Sasaram, Rohtas in connection with Mahila P.S. Case No. 48 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) Nilmani/- Minu/- U T