Madan Gopal Prasad v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9760 of 2017 Arising Out of PS.Case No. -2107 Year- 2014 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Madan Gopal Prasad, aged about 32 years, S/o Sri Laxman Ram, Resident of D-47, Ishwar Colony, Arjun Park, P.S.- Najafgarh, New Delhi- 110043. .... .... Petitioner.
Versus
1. The State of Bihar.
2. Reena Kumari, W/o Madan Gopal Prasad, D/o Bal Krishna Prasad, R/o D- 47, Ishwar Colony, Arjun Park, P.S.- Najafgarh, New Delhi- 110043. .... .... Opposite Parties.
====================================================== Appearance :
For the Petitioner : Mr. For the State : Mr. For the Opposite Party No.2 : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 20-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the opposite party no.2.
The petitioner apprehends his arrest in connection with Complaint Case No.2107(C) of 2014 registered under Section 498-A of the Indian Penal Code.
Learned counsel for the petitioner and the opposite party no.2 jointly submits that the petitioner and the opposite party no.2 are husband and wife respectively in relation and their dispute was referred to the Patna High Court Mediation Centre, Patna, for settlement in between them where both the petitioner and the
Patna High Court Cr.Misc. No.9760 of 2017 (4) dt.20-07-2017 2/3 opposite party no.2 settled their dispute with the terms that they are ready to dissolve their marriage and for one time settlement and the petitioner would pay Rs.9,00,000/- to the opposite party no.2 in three installments. First installment of Rs.3,00,000/- would be paid by the petitioner to the opposite party no.2 on 18.07.2017 through bank draft, second installment of Rs.3,00,000/- would be paid by the petitioner to the opposite party no.2 on 18.09.2017 through bank draft and third installment would be paid by the petitioner to the opposite party no.2 on 18.10.2017 through bank draft. Out of the three installments, first installment of Rs.3,00,000/- has already been paid by the petitioner to the opposite party no.
2 by way of bank draft and rest two installments, each of Rs.3,00,000/-, would be paid by the petitioner to the opposite party no.2 by way of demand draft on due dates and the petitioner and the opposite party no.2 are agreed for one time settlement on payment of Rs.9,00,000/- and to file compromise petition in all the pending cases.
Since the dispute in between the petitioner and the opposite party no.2 has already been settled in terms of the agreement dated 18.07.2017 entered into between the petitioner and the opposite party no.2, which is part of the Mediator Report dated 19.07.2017, flagged at 'B', and the opposite party no.2 has
Patna High Court Cr.Misc. No.9760 of 2017 (4) dt.20-07-2017 3/3 now no grievance, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IX, Gaya, in connection with Complaint Case No.2107(C) of 2014, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T