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Patna High CourtCR. MISC./41477/2019bail granted

Brajesh Kumar v. The State Of Bihar

2021-09-27Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41477 of 2019 Arising Out of PS. Case No.-217 Year-2018 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== BRAJESH KUMAR Son of Chandrika Das Resident of Village-Pandaul, Police Station-Shakurabad in the district of Jehanabad. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Geeta Devi Wife of Brajesh Kumar and Daughter of Sri Rajendra Kumar At present Resident of Village-Reganiyan Dih, Police Station-Sigori in the district of Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mrs.Pushpa Sinha, APP For O.P. No. 2 :

Mr. Paras Nath ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 504 and 498(A) of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry.

The matter earlier referred to the Mediation Centre by a Coordinate Bench of this Court. Following is the report of the Mediator:

Patna High Court CR. MISC. No.41477 of 2019(7) dt.27-09-2021 2/3 "MEDIATOR'S REPORT Mediation Proceeding No. 1300 of 2019 [Arising out of Cr. Misc. No. 41477 of 2019] Brajesh Kumar versus The State of Bihar & Anr.

INTERIM-REPORT (Without Prejudice) Petitioner and the Opp. Party No. 2, both are present with their respective learned counsels.

As per agreement arrived at between the parties on 03.02.2020 for One Time Settlement at Rs. 4,00,000/- (Rupees Four Lakhs), petitioner handed over the Demand Draft of Rs. 1,00,000/- (Rupees One Lakh) bearing no. 942795 dated 12.02.2020 to the Opp. Party No. 2, receipt whereof has been acknowledged by the Opp. Party No. 2.

Regarding payment of rest amount of Rs. 3,00,000/- (Rupees Three Lakhs), petitioner submits that he will pay the said amount in two installments, out of which 1st Installment Rs. 1,50,000/- (Rupees One Lakh Fifty thousand), petitioner has agreed to pay by 16th March, 2020 and the 2nd installment of Rs. 1,50,000/- (Rupees One Lakh Fifty thousand) petitioner has agreed to pay by 16th of April.

Accordingly this matter may be placed before the Hon'ble Bench for extension of time by two months.

Sd/ (Madhuri Lata) Mediator 15/2/20"

As per report of the Mediator, the matter has been resolved between the parties.

Considering the fact that the matter has been resolved between the parties, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a

Patna High Court CR. MISC. No.41477 of 2019(7) dt.27-09-2021 3/3 period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Complaint Case No. 217 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T