Subodh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43457 of 2024 Arising Out of PS. Case No.-1748 Year-2023 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Subodh Kumar S/o Baiznath Yadav @ Baidnath Prasad Yadav R/o VillageHarla, Tola Bihari Bigha, P.S.-Meskore, District-Nawada ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sushma Kumari D/o Late Rajkumar Yadav W/o Subodh Kumar At Present R/o Village-Kaima, P.S.-Muffasil, District-Gaya, Permanent Address R/o Village-Harla, Tola Bihari Bigha, Post Tungi, P.S.-Meskuar, District-Nawada ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Sinha, Adv For the State:
Mr.Ajay Kumar Jha, APP For the Complainant Mr. Shailesh Kumar, Adv ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-04-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant.
2. Petitioner apprehends his arrest in connection with Complaint Case No. 1748 of 2023 registered for the offences punishable under Sections 341, 323, 494, 498A and 506 of the Indian Penal Code.
3. The petitioner is the husband and he is also CISF constable, posted at Chennai. The matter was earlier referred to the Patna High Court, Mediation Center for the purpose of resolving the dispute and for reaching the amicable settlement between the parties.
Patna High Court CR. MISC. No.43457 of 2024(6) dt.15-04-2025 2/3
4. The Mediator's report is available on the record which would go to show that an agreement has been reached between the parties to pay Rs. 2000/- each to his three children and Rs. 4000/- to his wife totalling to an amount of Rs. 10,000/- which is to be paid in the account of his wife ( OP. No. 2) within 1st to 10th of every month. The OP.No 2 is also ready to accept the such amount and at this stage, the counsel for the informant produced the details of the account of OP.No. 2 and made the same available to the counsel for the petitioner.
5. Considering all the above mentioned facts and circumstances and especially considering the mediation report of the Patna High Court, Mediation Center, I am inclined to grant anticipatory bail to the petitioner in terms of the agreement reached between the parties in the mediation proceeding no. 4 of 2025 in the present case. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today the petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st class, Gaya in Complaint Case No. 1748 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C.
6. However, it is also made clear that in case of any
Patna High Court CR. MISC. No.43457 of 2024(6) dt.15-04-2025 3/3 violation of the terms of the agreement, the learned counsel for the informant would have liberty to pray for cancellation of bail bond of the petitioner.
(Soni Shrivastava, J) N.K/- U T