Manish Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48310 of 2024 Arising Out of PS. Case No.-398 Year-2023 Thana- COMPLAINT CASE District- Banka ====================================================== Manish Kumar Sah Son of Chandra Mohan Mandal Resident of villageMeharpur, P.S.- Banka District- Banka ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Punam Devi wife of Manish Kumar Sah, Daughter of Ram Narayan Sah Resident of Village Raju Pathar (Pothiya), P.S. Dhoraiya, Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhir Kumar Mishra For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner, learned counsel for O.P. No. 2 and learned APP for the State.

2. The petitioner has filed the instant application for apprehending his arrest in a case registered for the offences punishable under Sections 498(A) of the Indian Penal Code.

3. It is a case of torturing, assaulting and ousting the complainant from her matrimonial house due to non fulfillment of additional dowry demand of motorcycle and Rs. 2,00,000/- (two lakh rupees) by the petitioner along with other accused persons.

4. In pursuance to the direction of this Court, to

Patna High Court CR. MISC. No.48310 of 2024(6) dt.21-02-2025 2/3 appear before the Mediation Centre, both the parties have appeared before the Patna High Court Mediation Centre. The report of Memorandum of Agreement, sent by Patna High Court Mediation Center, dated 21.02.2025, has been received and is kept at flag 'Mediation Report' and it suggests that the dispute between the parties has been resolved through the process of mediation, the terms of settlement mutually agreed upon by them is hereunder:- "(i) Petitioner will keep his wife and child with full honor and dignity.

(ii) O.P. No. 2 will happily lead her conjugal life and will not misbehave with her in-laws. She will go to her paternal house with prior permission of her husband (petitioner). (iii) Parents of either parties will not interfere in the family matter of each other parties.

(iv) after a passage of six months, if cordial relation prevail, both the parties will withdraw the pending cases against each other."

6. In the meantime, as per their agreement, Both parties are directed to withdraw their respective cases

Patna High Court CR. MISC. No.48310 of 2024(6) dt.21-02-2025 3/3 Civil/Criminal in nature filed against each other, after a period of six months.

7. Having heard learned counsel for the parties and considering the above facts as also mentioned in Memorandum of Agreement, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Complaint Case No. 398 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Banka.

(S. B. Pd. Singh, J) Prabhakar/- U T