Ashish Verma v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7135 of 2017 Arising Out of PS.Case No. -1090 Year- 2014 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Ashish Verma, son of Sri Ravindra Nath Verma, resident of Flat No.103, Sudha Enclave, PO & PS- Bariyatu, District- Ranchi. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Rashmi Kumari, wife of Ashish Verma, Daughter of Sri Krishna Murari Prasad, resident of South Church Road, near Kochar Petrol Pump, Gali No.1, Gandhi Maidan, P.S.- Civil Line, District- Gaya. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashish Giri, Advocate. For the Opposite Party No.2 : Mr. Sri Umeshnand Pandit, Advocate. For the State : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-11-2017 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Complaint Case No. 1090 of 2014, registered under Sections 498A, 323, 379 and 406 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
Today, petitioner and the opposite party no. 2 are present physically with their counsel and a joint petition has been filed annexing the terms of compromise signed by the petitioner and the opposite party no.2.
Learned counsel for the petitioner submits that petitioner and the opposite party no. 2 have resolved their dispute with intervention of the respected people out of the court and accordingly, petitioner and the opposite party no. 2 have decided to lead their independent life and both will withdraw the case pending in between them and both parties will file a joint petition, under Section 13B of the Hindu Marriage Act, for dissolution of marriage, in Matrimonial Title Suit No. 346 of 2015, pending in the court of Principal Judge, Family Court, Gaya. According to the joint compromise petition filed on behalf of the petitioner and the opposite party no. 2, the petitioner will pay Rs.14,00,000/- as one time settlement to the opposite party no. 2, out of which, petitioner has handed over a cheque of Rs.10,00,000/- and remaining Rs.4,00,000/- will be paid through the account payee cheque to the opposite party no. 2 before the Principal Judge, Family Court, Gaya.
Since the petitioner and the opposite party no. 2, who are husband and wife, have settled their dispute in terms of compromise, which is attached with the application filed today by both parties, 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 learned Chief Judicial Magistrate, Gaya, in connection with Complaint Case No. 1090 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T