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Patna High CourtCR. MISC./45280/2024allowed

Kundan Bind @ Kundan Kumar @ Golu Kumar v. The State Of Bihar

2024-09-21Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45280 of 2024 Arising Out of PS. Case No.-786 Year-2023 Thana- MASAUDHI District- Patna ====================================================== Kundan Bind @ Kundan Kumar @ Golu Kumar, aged about 22 years, male, son of Sohrai Bind, resident of village- Doripar, P.S.- Masaurhi, Dist.- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Tetari Devi, aged about 21 years, female, D/O Bujhawan Bind, W/o Kundan Bind, resident of Village- Torni, P.S.- Paliganj, Dist.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Parmeshwar Vishwakarma, Advocate For the State :

Mr. Bishweshwar Ram, APP Fop the OP No.2 :

Mr. Arun Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Masaurhi PS Case No.786 of 2023 dated 08.11.2023, instituted under Sections 341, 323, 504, 498-A/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. The allegation against the petitioner and others is of ousting the informant from her matrimonial home due to non fulfillment of demand of dowry. Petitioner is the husband of the OP No.2.

4. Vide order dated 24.07.2024, the matter was referred to Patna High Court Mediation & Conciliation Center

Patna High Court CR. MISC. No.45280 of 2024(3) dt.21-09-2024 2/3 and the report of the Mediator has been received and kept at Flag- 'M' from which it appears that dispute between the parties has been resolved through the process of mediation and both the parties have agreed to live together. A memorandum of settlement mutually agreed and duly signed by both the parties and their counsel has been prepared which is attached with the report of the Mediator.

5. Learned counsel for the petitioner submits that the dispute has been settled mutually.

6. Learned counsel for the OP No.2 submits that in view of the settlement of the dispute mutually between the parties he will not oppose the prayer of the petitioner for grant of bail.

7. Learned APP submits that in view of mutual settlement necessary orders may be passed.

8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Masaurhi, in Masaurhi PS Case No.786 of 2023, subject

Patna High Court CR. MISC. No.45280 of 2024(3) dt.21-09-2024 3/3 to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

9. The Court expects that both the parties will live together and abide by the terms of mutual settlement between them.

10. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T