Laxman Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41633 of 2019 Arising Out of PS. Case No.-646 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Laxman Das, Son of Jagdish Das Resident of Village- Kanti Kushi, P.S.- Kanti, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jhuni Devi Wife of Laxman Das Resident of Village and P.O.- Kanti Kushi, P.S.- Kanti, District- Muzaffarpur. daughter of baldev Das, presently resides at village- Kodariya, P.S.- Siwaipatti, District- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-09-2019 Heard learned counsel for the Opposite Party No.2. No one appears on behalf of petitioner.

Petitioner apprehends his arrest in connection with Trial No.3871 of 2019 arising out of Muzaffarpur Complaint Case No.646 of 2018, in which cognizance has been taken under Section 498A of Indian Penal Code and Section 4 of Dowry Prohibition Act.

It appears that the matter was referred for Mediation before the Patna High Court Mediation Centre and the report of learned Mediator dated 04.09.2019 as well as the Memorandum of agreement between the parties dated 04.09.2019 are on

Patna High Court CR. MISC. No.41633 of 2019(3) dt.30-09-2019 2/3 record. From perusal of the report of learned Mediator, it appears that both the parties have settled their dispute mutually and amicably and one time settlement amount has been decided at Rs.70,000/- to be paid by the petitioner to Opposite Party No.2, i.e., Jhuni Devi.

In view of the aforesaid, the petitioner will pay the settled amount of Rs.70,000/- within six weeks from today. In view of the settlement between the parties, the petitioner, above named, is directed to surrender before the learned Court below within a period of eight weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, West, Muzaffarpur, subject to the condition that he will abide by the terms and conditions of the settlement dated 04.09.2019 and will pay final settlement amount in favour of Opposite Party No.2 within aforesaid period. It is made clear that at the time of surrender, the petitioner will attach the proof of making payment of Rs.70,000/- to opposite Party No.2 positively along with his surrender-cum-bail petition.

Patna High Court CR. MISC. No.41633 of 2019(3) dt.30-09-2019 3/3 It is also made clear that if petitioner deviates his promise and does not pay above-mentioned amount, the opposite Party No.2 shall be at liberty to move before appropriate Court by way of filing appropriate application. (Anil Kumar Sinha, J) sanjeev/- U T