Pratik Kumar @ Sanny Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45334 of 2023 Arising Out of PS. Case No.-5 Year-2023 Thana- MAHILA P.S. District- Vaishali ====================================================== PRATIK KUMAR @ SANNY KUMAR S/O SRI HARIHAR PRASAD R/O Shakti Nagar, Road no. 5, Kurji, Balu Per, P.S. - Digha, Distt.- Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Prabhakar, Advocate For the State :
Mr. Suresh Prasad Singh, A.P.P.
For the O.P. No. 2 :
Mr. Sanjay Prakash Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-03-2024
1. Heard learned Senior Counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 504 and 506/34 of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act.
3. Learned counsel appearing on behalf of the opposite party no. 2 submits that the case was referred for mediation and the mediation has succeeded and the issue in between the petitioner and the opposite party no. 2 stands resolved by way of one time settlement. It is further submitted that petitioner has agreed to pay a sum of Rs.8,50,000/- (rupees eight lakhs and fifty thousand) to the opposite party no. 2
Patna High Court CR. MISC. No.45334 of 2023(6) dt.11-03-2024 2/3 towards full and final settlement. It is next submitted that petitioner till date has paid an amount of Rs.5,50,000/- (rupees five lakhs and fifty thousand) as such Rs.3,00,000/- (rupees three lakhs) still is to be paid.
4. Learned Senior Counsel appearing on behalf of the petitioner submits that petitioner will pay the rest of the amount i.e. Rs.3,00,000/- (rupees three lakhs) by 22.04.2024.
5. Learned counsel for the opposite party no. 2 thus submits that the opposite party no. 2, for the present, is not opposing the anticipatory bail application of the petitioner.
6. Considering the submissions made by the learned Senior Counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Vaishali Mahila P.S. Case No. 05 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. It is made clear that in the event, if the amount as agreed is not paid by the petitioner by 22.04.2024 in that event,
Patna High Court CR. MISC. No.45334 of 2023(6) dt.11-03-2024 3/3 the learned trial court shall be at liberty not to confirm the provisional anticipatory bail of the petitioner but if the petitioner pays the amount as agreed by 22.04.2024, in that event the provisional anticipatory bail of the petitioner shall be confirmed on the same terms and conditions.
8. Learned counsel appearing on behalf of the opposite party no. 2, at this stage, submits that the moment the amount as agreed by the petitioner shall be paid, the opposite party no. 2 shall also withdraw the instant criminal case. (Satyavrat Verma, J) Kundan/- U T