Nitesh Dubey @ Nitesh Kumar @ Nitesh Kumar Dubey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15248 of 2017 Arising Out of PS.Case No. -1399 Year- 2015 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Nitesh Dubey @ Nitesh Kumar @ Nitesh Kumar Dubedy, son of Sri Vinod Dubey, resident of village-Bahdinpur, P.S. Paroo, District-Muzaffarpur. .... .... Petitioner.

Versus

1. The State of Bihar.

2. Archana Bharti, daughter of Sri Prakash Upadhyay, wife of Nitesh Dubey, resident of village-Bahdinpur, P.S. Paroo, District-Muzaffarpur, presently residing at village-Tajpur, P.S. Baruraj, District-Muzaffarpur. .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. For the State : Mr. For the Opposite Party No.2 : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 13-11-2017 Let the joint affidavit filed on behalf of the petitioner and the opposite party no.2 be kept on the record.

Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the opposite party no.2. The petitioner apprehends his arrest in connection with Complaint Case No.1399 of 2015 registered under Sections 323, 498(A), 406, 120(B) and 504 of the Indian Penal Code besides Sections 3/4 of the Dowry Prohibitions Act.

Learned counsel for the petitioner and the opposite party no.2 jointly submit that while the matter was referred to the Patna High Court Mediation Centre, Patna, for mediation and settlement of the dispute in

Patna High Court Cr.Misc. No.15248 of 2017 (5) dt.13-11-2017 2/2 between the petitioner and the opposite party no.2 but the mediation could not succeed. Thereafter, on the intervention of their well wisher, the petitioner and the opposite party no.2 settled their dispute out of the Court in terms of the agreement as detailed in the joint affidavit filed on behalf of the petitioner and the opposite party no.2 today in Court. In terms of the agreement, the petitioner and the opposite party no.2 decided to dissolve their marriage on payment of Rs.2,00,000/- by the petitioner to the opposite party no.2 and out of Rs.2,00,000/-, Demand Draft of Rs.1,00,000/- is being handed over to the opposite party no.2 by the petitioner in Court.

Since the petitioner and the opposite party no.2, who are husband and wife respectively, settled their dispute in terms of the agreement as detailed in the joint affidavit filed on behalf of the petitioner and the opposite party no.2 today in Court, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, East, Muzaffarpur, in connection with Complaint Case No.1399 of 2015, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T