Amit Kumar @ Amit Thakur @ Amit Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36953 of 2019 Arising Out of PS. Case No.-1004 Year-2017 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Amit Kumar @ Amit Thakur @ Amit Kumar Thakur Son of Upendra Thakur, Resident of Mungeri Ganj Mali Tola (Yamuna Babu Fulwari) Tilak Nagar Ward no. 52, P.S.- Nagar, District - Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Sunaina Kumari Wife of Amit Thakur D/o Harideo Thakur, Resident of Mohalla - Mungeri Ganj Mali Tola, P.S. - Town, District - Begusarai, at present residing at Sundarpur Sonar Tola, P.S. - L.N.M.U., District - Darbhanga.

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-10-2021 Heard learned counsel for the petitioner as well as learned counsel for the opposite party no. 2. In the order dated 26.02.2020, the learned counsel for the opposite party no. 2 has submitted that the petitioner has performed his second marriage and due to wedlock of the petitioner and his second wife, there are two children and regarding this, counter affidavit is going to be filed. Learned counsel for the opposite party no. 2 has submitted that he has already filed the counter affidavit in this regard on 28th February 2020 and in paragraph 2 of the counter

Patna High Court CR. MISC. No.36953 of 2019(9) dt.27-10-2021 2/2 affidavit it has been mentioned that the petitioner has performed second marriage and has two children from the second wedlock. Learned counsel for the petitioner has submitted that he is ready for one time settlement.

In the above facts and circumstances, the petitioner above named, in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Darbhanga in connection with Complaint Case No.1004/2017, corresponding to Trial No. 3410/2019, subject to condition as laid down under section 438 (2) Cr.PC. Further condition is that both the parties shall appear before the court below and the court below shall proceed for one time settlement as per assurance given to this Court. If the court below finds that one time settlement is not being carried out due to apathy of the petitioner, the court below will be at liberty to cancel the bail bonds of the petitioner. (Nawneet Kumar Pandey , J) Mahesh/- U T