Santosh Kumar Jha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31649 of 2015 Arising Out of PS.Case No. -2061 Year- 2013 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ======================================================

1. Santosh Kumar Jha S/o Shyam Sundar Jha Resident of Village Rajaura, P.S. Sahebpur Kamal, District Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sweta Rani W/o Santosh Kumar Jha Resident of Mohalla Pokharia, P.S. Town, District Begusarai.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Nityanand (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-09-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Opposite party No. 2. The petitioner apprehends his arrest in connection with Complaint Case No. 2061C/2013 for the offences registered under Sections 323, 379/34 and 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. In the present case, the matter was referred to the Mediation Centre. A report has been submitted by the Mediator that the dispute between the parties has now been resolved and the petitioner has agreed to pay a sum of Rs.2,50,000/- (two lakhs fifty thousand). The Bank draft bearing Bank draft No. 031467 dated 19.05.2016 is being presented before this Court

which is being received by the learned counsel for the opposite party no. 2.

Let a copy of the Bank Draft duly received by the opposite party no. 2 be kept on record.

It is submitted by learned counsel for the petitioner that the opposite party shall be obliged to honour the agreement on her part in the court below.

In view of the aforesaid facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Begusarai in connection with Complaint Case No. 2061C/2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

It is made clear that both the parties shall appear before the Principal Judge, Family Court, Begusarai on the date fixed by the Court below after filing of the divorce petition and thereafter, the decree of divorce shall be passed as per the conditions fixed in the compromise arrived at and in accordance

with the recitals at Paragraphs 4 and 5 of the agreement arrived at before this Court. Let a copy of the agreement be treated as a part of this order.

(Anjana Mishra, J) Jagdish/- U T