Patna High CourtCR. MISC./45269/2023bail granted

Kumar Abhishek v. The State Of Bihar

2023-10-16Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45269 of 2023 Arising Out of PS. Case No.-2576 Year-2022 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== KUMAR ABHISHEK SON OF CHANDESHWAR PRASAD SINGH VILLAGE RAMPUR BAKHARA PS BHAGWANPUR DISTT VAISHALI ... ... Petitioner/s

Versus

The State of Bihar 2.

MRIDULA KUMARI WIFE OF KUMAR ABHISHEK RESIDENT OF VILLAGE- JALALPUR, PS- LALGANJ, DIST- VAISHALI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashank Shekhar For the Opposite Party/s :

Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2023

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Complaint Case No. 2576 of 2022, dated 10.08.2022, disclosing offences under Section 498A of the Indian Penal Code.

3. The petitioner is husband of the opposite party no. 2, who has filed the complaint case, bearing Complaint Case No. 2576 of 2022, dated 10.08.2022, in which cognizance under Section 498A of the Indian Penal Code was taken against the petitioner.

Patna High Court CR. MISC. No.45269 of 2023(3) dt.16-10-2023 2/3

4. The matter was referred for mediation by a Bench of this Court on 04.08.2023. The mediation report is on record and from perusal of the same, it appears that dispute between the parties has been resolved through process of mediation. The terms of settlement mutually agreed upon by the parties are reduced to writing duly signed by the petitioner and the opposite party no. 2 and their respective advocates.

5. Learned counsel for the opposite party no. 2 submits that the anticipatory bail application may be disposed in terms of agreement arrived at between the parties during the course of mediation, which was signed by both the parties on 29.09.2023.

6. Having heard learned counsel for the parties and taking into consideration the fact that the dispute is with regard to marriage discord between the parties and both husband and wife has arrived at amicable settlement, I am inclined to grant the petitioner privilege of anticipatory bail with the condition that the both the parties shall abide by the terms of agreement, dated 29.09.2023, mutually arrived at before the mediator.

7. This application is, accordingly, allowed.

Patna High Court CR. MISC. No.45269 of 2023(3) dt.16-10-2023 3/3

8. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hajipur, Vaishali, in connection with Complaint Case No. 2576 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T