Patna High CourtCR. MISC./44622/2024bail granted

Prashant Kumar @ Sonu v. The State Of Bihar

2025-05-01Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44622 of 2024 Arising Out of PS. Case No.-1608 Year-2023 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Prashant Kumar @ Sonu Son Of Harinarayan Choudhary R/O- New Colony, Dak Bungalow Road, P.S.- Bettiah Nagar, Distt.- West Champaran ... ... Petitioner/s

Versus

The State of Bihar 2.

Pooja Kumari W/O- Prashant Kumar @ Sonu, D/O- Shivnath Mahato R/ONew Colony Dak Bungalow Rod, P.S.- Bettiah Nagar, Distt.- West Champaran At Present Resident Of Majuraha, Turkauliya, P.S.- Raghunathpur Op, Distt.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 01-05-2025 The petitioner and the opposite party no. 2 are present along with their respective counsels.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 498A of the Indian Penal Code.

3. The prosecution case is based upon a complaint filed by the opposite party no. 2 in which she has made an allegation of demand of dowry and torture. Petitioner is the husband of opposite party no.2.

4. Earlier, the possibility of reaching one time settlement between the parties was being explored and today the learned counsel for the petitioner has come out with an offer on behalf of the petitioner in his presence that the matter

Patna High Court CR. MISC. No.44622 of 2024(6) dt.01-05-2025 2/3 could be settled upon a total payment of Rs. 8,50,000/- to the opposite party no. 2.

5. Learned counsel for the opposite party no. 2, in the presence of the opposite party no. 2, agrees to the same.

6. In such view of the matter, the present case under Section 498A IPC would be taken to its logical conclusion upon the payment of the aforesaid amount in installments. An application for mutual divorce under Section 13(B) of the Hindu Marriage Act is agreed to be filed before the Family Court, West Champaran at Bettiah.

7. It has been submitted on behalf of the petitioner that the petitioner would be producing a draft of Rs. 2,00,000/- in the name of the opposite party no. 2, which would be deposited before the learned court below at the time of furnishing of the bail bonds and the said draft would be received by the complainant as and when it is convenient. The next amount of Rs. 2,50,000/- would be submitted by way of draft on the first motion of 13(B) proceedings, which would be released in favour of the opposite party no. 2 immediately and the rest amount of Rs. 4,00,000/- would be deposited before the Family Court at the time of second motion, which would be released in favour of the opposite party no. 2 at the time of grant of decree

Patna High Court CR. MISC. No.44622 of 2024(6) dt.01-05-2025 3/3 of divorce with mutual consent.

8. In such view of the matter, let the above named petitioner, be released on 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M.-1st Class, Motihari, East Champaran in connection with Complaint Case No. 1608 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and subject to the further condition that the petitioner shall cooperate in the investigation/trial.

9. It is needless to say that one time settlement always means that all the litigations between the parties would finally come to an end and both the parties undertake to withdraw their respective cases, which they have filed against each other. It is expected that there will be peaceful exchange of articles between the parties and this process would not be an impediment in the procedure leading to settlement.

10. Accordingly, this application stands disposed of. (Soni Shrivastava, J) devendra/- U T