Ritesh Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1897 of 2015 Arising Out of PS.Case No. -330 Year- 2013 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ====================================================== Ritesh Kumar Son of Ram Bilash Singh Resident of village - Pabai, P.S. and Post - Surya Gardha, District - Lakhisarai .... .... Petitioner/s
Versus
1. The State of Bihar
2. Kajal Devi Daughter of Ranjeet Kumar Singh Resident of village - Neema Chandpura, P.S. Nema Chandpura, District - Begusarai .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Sanjay Kumar Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08/ 10-08-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 406 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.
The accusation is of torture for non-fulfillment of the dowry demand.
On joint prayer of the parties the matter was referred to the Mediation Centre of State Legal Services
Patna High Court Cr.Misc. No.1897 of 2015 (08) dt.10-08-2015 2/3 Authority, but it appears that the issue could not be settled. A joint affidavit has been filed to the effect that the petitioner and the complainant decided to part ways on payment of permanent alimony of Rs.8,00,000/- (Eight lakhs). Out of which Rs.2,00,000/- is being paid through demand draft drawn on SBI vide Draft No. 941170 dated 07.08.2015. The rest Rs.2,00,000/- will be paid on appearance of the complainant in the matrimonial suit being filed by the parties under Section 13(B) of the Hindu Marriage Act and rest Rs.4,00,000/- will be paid on the date of decree in the Matrimonial suit.
Let the counsel for the complainant make acknowledgement of the demand draft on record for being handed over to the complainant, who is present in the Court. Considering the present stand of the parties, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve 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 Sub-divisional Judicial Magistrate, Begusarai in connection with Complaint Case No. 330C of 2013, subject to the conditions as laid down
Patna High Court Cr.Misc. No.1897 of 2015 (08) dt.10-08-2015 3/3 under Section 438(2) of the Cr.P.C.
It is expected from the parties to comply the other terms of compromise and file appropriate application in all the cases filed from either side. It is also agreed that the petitioner and the complainant shall file appropriate application with regard to their settlement in the present complaint case when it is expected that the learned court below will dispose of the same in accordance with law.
DKS/ (Dinesh Kumar Singh, J.) U T