Sarwan Vishwakarma v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.14702 of 2017 (3) dt.28-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14702 of 2017 Arising Out of PS.Case No. -359 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Sarwan Vishwakarma, Son of Ram Sagar Vishwakarma, Resident of Village-Bajrahi, P.S.-Magadh Medical College, District-Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Guriya Devi, Wife of Sarwan Vishwakarma, Daughter of Rajdeo Vishwakarma, Resident of Village-Jaigir, P.S.-Barachatti, District-Gaya. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar, Advocate. For the Opposite Party/s : Mr. Sri Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barachatti P.S. Case No. 359 of 2016, registered under Sections 498(A), 323, 504 and 379/34 of the Indian Penal Code. The accusation is of torturing the complainantopposite party no. 2 by her husband and in-laws due to nonfulfillment of demand of dowry and also to remove from her matrimonial house.

Learned counsel for the petitioner submits that on the joint prayer of the petitioner and the opposite party no. 2, the matter was referred before the Patna High Court Mediation Centre

Patna High Court Cr.Misc. No.14702 of 2017 (3) dt.28-08-2017 for settlement of dispute in between the petitioner and the opposite party no. 2, where both parties have settled their dispute and entered into an agreement to lead their conjugal live and also to withdraw all cases against each other and accordingly, the Mediation Centre, Patna High Court has submitted the report dated 24.08.2017 with the agreement entered in between the petitioner and the opposite party no. 2.

Learned counsel for the opposite party no. 2 submits that the disputed has been settled and the petitioner and the opposite party are leading their conjugal life. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Serghati, Gaya, in connection with Barachatti P.S. Case No. 359 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T