Raju Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50297 of 2024 Arising Out of PS. Case No.-18 Year-2023 Thana- MAHILA P.S. District- Nawada ====================================================== Raju Yadav S/O- Vijay Yadav R/O Of Village - Kashi Bigha, P.S.-nardiganj, District - Nawada ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kiran Kumar W/O Raju Yadav, D/O Harikeshar Prasad, R/o Vill. Charbara, P.S. Atri, Dist. Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :
Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 13-02-2025 Heard learned counsel for the petitioner 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 341, 323, 506, 504, 498A, 379/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
3. It is a case of matrimonial dispute between the petitioner and opposite party no. 2
4. Earlier vide order dated 20.11.2024, with consent of both the parties, this matter was referred to the Mediation and Conciliation Center, Patna.
5. It reveals from Memorandum of Agreement dated
Patna High Court CR. MISC. No.50297 of 2024(4) dt.13-02-2025 2/3 22.01.2025 that both the parties agreed to live separately and petitioner has offered to pay Rs. 1,40,000/- (One lakh Forty Thousand) as full and final settlement amount to opposite party no. 2, out of which he has paid Rs. 1,00,000/- and the rest amount i.e., Rs. 40,000/- will be paid at the time of furnishing the bail bond.
6. In the meantime, as per their agreement, both parties are directed to withdraw the cases pending against each other. As also, abide the other condition if any, incorporated in the said agreement.
7. Having heard learned counsel for the parties and considering the facts mentioned in Memorandum of Agreement before Patna High Court Mediation Center, this Court is inclined to enlarge the petitioner on provisional bail. The above named petitioner is directed to be enlarged on provisional bail in connection with Mahila P.S. Case No. 18 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - 1st Class, Nawada.
8. Trial Court is directed to confirm the provisional bail granted to the petitioner after verifying the deposit receipts of payment of the entire amount i.e. Rs. 1,40,000/- by the
Patna High Court CR. MISC. No.50297 of 2024(4) dt.13-02-2025 3/3 petitioner to the opposite party. Trial Court will also verify the withdrawl of pending cases between both the parties.
9. Accordingly, the instant application stands disposed of.
10. Both the parties are at liberty to file appropriate application before appropriate forum, if any of them breaches the terms and conditions as incorporated in Memorandum of Agreement, Patna High Court Mediation Center. (S. B. Pd. Singh, J) Ankit Kumar/- U T