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Patna High CourtCR. MISC./46641/2024bail granted

Mithilesh Kumar @ Mithilesh Nut @ Mithilesh Kumar Kumar v. The State Of Bihar

2024-12-18Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46641 of 2024 Arising Out of PS. Case No.-105 Year-2023 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== Mithilesh Kumar @ Mithilesh Nut @ Mithilesh Kumar Kumar, Male, aged about 31 years, Son Of Dasrath Nut, Resident Of Suryapura (Dhasaka), P.S.- Maniyar, District- Baliya (Uttar Pradesh) ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Dharmavati Devi Wife Of Mithilesh Kumar @ Mithilesh Nut, Daughther Of Musa Nut Resident Of Suryapura, P.S.- Maniyar, District- Baliya (At Present- Musa Nut, Resident Of Maharajganj, P.S.- Brhmpur, DistrictBuxar, Mb. No.- 7250925443 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mirtunjay Kumar Tiwary, Advocate For the O.P. No. 2 :

Mr. Bhaskar Shankar, Advocate For the State :

Mr. Sunil Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-12-2024 Heard Mr. Mirtunjay Kumar Tiwary, learned counsel appearing on behalf of the petitioner; Mr. Bhaskar Shankar, learned counsel appearing on behalf of the O.P. No. 2 and Mr. Sunil Kumar Pandey, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Complaint Case No. 105(c) of 2023 registered for the offence punishable under Sections 498(A)of the Indian Penal

Patna High Court CR. MISC. No.46641 of 2024(3) dt.18-12-2024 2/3 Code and Section 4 of the Dowry Prohibition Act but the cognizance of the offence has been taken under Section 498A of the Indian Penal Code on 03.08.2023 against the petitioner and two other persons.

3. The present case relates to strained matrimonial relationship between the parties, who are husband and wife.

4. Learned counsels appearing on behalf of the parties have jointly submitted that the dispute between the parties has been resolved through the process of mediation on mutually agreed terms and a report dated 06.12.2024 to that effect has been submitted by the learned Mediator, which has been kept at Flag "M".

5. Considering the aforesaid information, I find that the parties must abide by the terms and conditions they have agreed on 06.12.2024, which has jointly been signed by both the parties and their respective Advocates.

6. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar/ successor Court, in

Patna High Court CR. MISC. No.46641 of 2024(3) dt.18-12-2024 3/3 connection with Complaint Case No. 105(c) of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The bail application, accordingly, stands disposed of.

(Purnendu Singh, J) Niraj/- U T