Akhilesh Rajbhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39557 of 2022 Arising Out of PS. Case No.-226 Year-2019 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== AKHILESH RAJBHAR Son of Somari Rajbhar Resident of Village - Dixit Ke Vishunpura, P.S. - Bankatta, District - Deoria (U.P.). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kiran Devi Wife of Akhilesh Rajbhar D/o Virendra Rajbhar, At Present Resident of Village - Bishunpura, P.S. - Mairwa, District - Siwan (Bihar). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Md. Matloob Rab, A.P.P.

For the Complainant :

Mr. Krishnakant Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 406, 323, 120(B) and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

Learned counsel for the parties have jointly submitted that the dispute has been resolved amicably by way of one time settlement. It is next submitted that petitioner has agreed to pay an amount of Rs. 1,60,000/- to the complainant, it is further submitted that the said amount shall be paid to the complainant by 06.09.2023, it is also submitted that once the amount as agreed is paid the complainant will withdraw the present

Patna High Court CR. MISC. No.39557 of 2022(9) dt.06-07-2023 2/2 criminal case against the petitioner.

Since the submissions have been made jointly i.e., by learned counsel for the petitioner and learned counsel for the complainant, as such, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 226 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. However, it is made clear that complainant shall be at liberty to file an application seeking cancellation of the bail granted to the petitioner if the petitioner does not pay the amount as agreed by 06.09.2023.

At this stage, the learned counsel for the complainant again submits that the moment the payment is made, the complainant will withdraw the criminal case.

(Satyavrat Verma, J) GauravSinha/- U T