Bigan Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51869 of 2024 Arising Out of PS. Case No.-1121 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Bigan Sao Son Of Krishna Sao Resident Of Village - Anio Purwari Tola, P.O. - Nandlalabad, P.S. - Gaurichak, District - Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Chandan Devi Wife Of Bigan Sao, Daughter Of Arjun Sao Resident Of Village - Anio Purwari Tola, P.O. - Nandlalabad, P.S. - Gaurichak, District - Patna. Present Address - Village - Govindpur Tola, P.S. - Khusrupur, District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rudal Singh, Adv.

For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP Mr. Anil Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for opposite party no. 2.

2. The petitioner, husband of opposite party no. 2, apprehends his arrest in a complaint case punishable for the offence under Sections 341, 323, 324, 498(A), 307 of the Indian Penal Code.

3. At the outset, learned counsel for the petitioner submits that the dispute between the parties has been settled amicably through the process of mediation and for this, the petitioner offered to pay Rs. 4,000/- (Rupees four thousand) per month, as maintenance, and opposite party no. 2 has accepted the offer and gave her consent.

Patna High Court CR. MISC. No.51869 of 2024(4) dt.08-01-2025 2/3

4. Learned counsel for the opposite party no. 2 does not dispute and confirms the fact regarding settlement entered into between the parties.

5. Here, it is relevant to mention that earlier, with consent of the parties, the matter was referred to Mediation & Conciliation Centre of Patna High Court to explore the possibility of settlement between the parties, which has been resolved in terms of Memorandum of Agreement annexed with Mediator's report.

6. Considering the fact that dispute between the parties has been resolved, the prayer for anticipatory bail of petitioner is allowed.

7. Let the petitioner, as named above, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail 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, Patna in connection with Complaint Case No. 1121 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that petitioner shall abide by all the terms & conditions, mentioned in Memorandum of Agreement, failing which, learned Court

Patna High Court CR. MISC. No.51869 of 2024(4) dt.08-01-2025 3/3 below shall be at liberty to cancel the bail-bond of the petitioner.

(Prabhat Kumar Singh, J) anay U T