Rahul Kumar Nonia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46178 of 2024 Arising Out of PS. Case No.-393 Year-2022 Thana- SHEKHPURA COMPLAINT CASE District- Sheikhpura ====================================================== Rahul Kumar Nonia S/o Rambaran Noniya @ Rambaran Nunia R/o Ramji Patti Khas Kajora Koliyari Near 6 Number Odiya Center, P.O.-Kajora Bazar, P.S.-Andal, District-West Bardwan state-West Bengal. At Present R/o t.s.L. Company H.2 l.S.K. Mines Rajpura, Dariwa, P.s.-Railmagra, DistrictRajsamand (Rajasthan) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Reema Prasad D/o Rajnitik Prasad R/o Village-Chewara, Azad Mohalla, P.O. and P.S.-Chewara, District-Sheikhpura (Bihar) at present r/o Piyour Jambad Kaliyari, P.O.-Bahula, 713322, P.S.-Andal, District-West Burdman, West Bengal ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar, Adv.

For the Opposite Party/s :

Mr.Madhura Nand Jha, APP Mr.Manendra Kumar Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-12-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. 2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 498(A) of the IPC. 3.

The matter was sent to the Mediation Centre vide order dated 05.09.2024 and in compliance thereof, a mediation report is kept at flag 'M'.

4.

I perused the mediation report dated 20.11.2024, wherein, it is stated that the dispute between the parties has been resolved

Patna High Court CR. MISC. No.46178 of 2024(4) dt.03-12-2024 2/3 through the process of mediation and the terms of settlement mutually agreed upon by the parties is enclosed with the mediation report.

5.

At this point, learned counsel for the petitioner submits that due to some misunderstanding, one term could not be mentioned in the mediation agreement that after fulfilling the terms and conditions of the settlement, both parties will file a mutual divorce in the Court below. Learned counsel for the O.P. No.2 also affirms that that the O.P. No.2 is agreed to divorce the petitioner.

6.

In that view of the matter, after receiving the agreed amount of Rs.9,00,000/- as one time settlement by the O.P. No.2, both parties, i.e. the petitioner and the O.P. No.2 shall file a mutual divorce case in the Court below and the Court below shall pass order, accordingly.

7.

Having regard to the facts and circumstances of the case, 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection

Patna High Court CR. MISC. No.46178 of 2024(4) dt.03-12-2024 3/3 with Complaint Case No.393C of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T