Amit Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61089 of 2018 Arising Out of PS. Case No.-24 Year-2018 Thana- MAHILA P.S. District- Bhojpur ====================================================== Amit Kumar Son of Sachida Nand Verma, Resident of Ahirpurwa, Police Station - Ara Town, District- Bhojpur.

... ... Petitioner

Versus

1. The State of Bihar .

2. Roma Devi D/o Shashi Bhushan, R/o Mohalla Ahirpurwa, Police Station- Ara Town, District- Bhojpur. At Present- Mohalla- Rajendra Nagar Ara, Police Station- Ara Nawada, District- Bhojpur.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Ramashray Roy, Advocate For the State :

APP For Opposite Party No. 2:

Mr. Raj Narayan Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-02-2019 Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel for the opposite party no. 2.

2. The petitioner apprehends his arrest for the offences alleged under Sections 498(A), 379, 504/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act registered in connection with Mahila P.S. Case No. 24 of 2018.

3. At the very outset, learned counsel for the petitioner invites reference to the mediator's report in Medication Proceeding No. 168 of 2018 recording the terms and conditions in which amicable settlement has been arrived at between the parties. Both parties reiterate their commitment to honour such terms and conditions and resume a harmonious conjugal life together.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on provisional bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the

Patna High Court Cr.Misc. No.61089 of 2018(4) dt.20-02-2019 2/2 satisfaction of learned Sub-Divisional Judicial Magistrate, Bhojpur at Ara in connection with Mahila P.S. Case No. 24 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

5. The provisional bail granted to the petitioner shall be confirmed by the learned court below upon compliance of the terms and conditions as recorded in the mediator's report in Medication Proceeding No. 168 of 2018 and upon restoration of harmonious conjugal life between the parties.

BT/Chandran (Vikash Jain, J) U T