Kirtiman Gupta @ Kirtiman v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32988 of 2018 Arising Out of PS. Case No.-2740 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== KIRTIMAN GUPTA @ KIRTIMAN S/o Satyendra Nath Gupta, R/o 2nd Floor, Tara Gupta Building, LCT Ghat, Mainpura, P.S.- Patliputra, DistrictPatna. ... ... Petitioners

Versus

1. The State of Bihar.

2. Sweta Kumari W/o Kirtiman, D/o Ram Pravesh Sah, Presently residing at C/o Ram Pravesh Saw, Lane No.7, Vijay Nagar,Rukanpura, Bailey Road, P.S.- Rupaspur, District- Patna-14.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Rakesh Kumar Sharma, Adv.

For the Opposite Parties :

Mr. Parmanand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-09-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner is apprehending his arrest in connection with Complaint Case No. 2740 (C) of 2017 for the offences registered under Sections 498A and 509 of the Indian Penal Code and under Section 4 of the D.P. Act.

During pendency of Anticipatory Bail petition petitioner and opposite party no.2 have agreed to settle their dispute and have entered into compromise whose terms and conditions forms part of joint compromise petition which has been brought on record by way of supplementary petition. The terms of settlement as incorporated in paragraph 2 of joint

Patna High Court Cr.Misc. No.32988 of 2018(7) dt.06-09-2018 2/3 compromise petition is reproduced below.

(i) That the petitioner (husband) and the opposite party No. 2 (wife) are ready to make final settlement with any alimony to the opposite party No. 2 who is the wife of the petitioner.

(ii) The petitioner and opposite party No. 2 will file a divorce petition by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955 within two weeks from the date of disposal of the present anticipatory bail petition bearing Cr. Misc. No. 32988 of 2018 and both parties will not deny in making their signature on the divorce petition by mutual consent and will not make any allegation against each other in the said divorce petition under section 13(B) of the Hindu Marriage Act, 1955.

(iii) The petitioner and the opposite party No.2 will file the petition for withdrawal of all pending cases filed against each other within two weeks from the date of obtaining decree of divorce under Section 13(B) of Hindu Marriage Act, 1955. (iv) The petitioner and the opposite party No. 2 will not file any case against each other regarding the present matter in future.

Considering the facts and circumstances of the present

Patna High Court Cr.Misc. No.32988 of 2018(7) dt.06-09-2018 3/3 case, let petitioner, above named, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Patna in connection with Complaint Case No. 2740(C) of 2017.

(S. Kumar, J.) Rajiv/manoj U T