Alok Priyadarshi v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25114 of 2016 Arising Out of PS.Case No. -166 Year- 2016 Thana -SHASTRINAGAR District- PATNA ====================================================== Alok Priyadarshi Son of Dharmnath Sing aged about 30 years Permanent Resident of Village- Kahari Tola, PS Maner, District Patna at present Atmadeep Hospital Khagari Road, Takiyapur PS Danapur, District Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Smt. Irisha Nidhi D/o Dr. Shyam Nandan Prasad Resident of Behind Raj Appartment ,Near Ramnagari More, Ashiyana -Digha,Road, PS Shashtri Nagar,District Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. M.K. Nirala (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 29-08-2016 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.
The basic accusation is of torture for nonfulfillment of the dowry demand. It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant and was ready to keep the informant as wife with full
Patna High Court Cr.Misc. No.25114 of 2016 (3) dt.29-08-2016 2/3 dignity and honour. Statement to that effect has been made in paragraph 14 of the petition, which reads as follows:- "That even now petitioner is ready to keep the informant with all dignity and respect provided the informant wife co-operate."
The matter was referred to the Mediation and Conciliation Centre of the Bihar State Legal Services Authority on joint prayer of the parties vide order dated 20.06.2016. The report of the Mediator at Flag 'A' dated 08.08.2016 reflects that the issue has been resolved between the parties and both sides decided to part ways on payment of one time settlement amount of Rs.12,00,000/- (Twelve lakhs) for which four cheques of Rs.3,00,000/- (Three lakhs) have been issued, out of which Rs.6,00,000/- (Six lakhs) have been encahsed and rest two cheques of Rs.6,00,000/- (Six lakhs) will be encashed on 08.10.2016.
Counsel for the informant Mr. Prem Ranjan Kumar does not controvert the contention of the learned counsel for the petitioner.
Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a
Patna High Court Cr.Misc. No.25114 of 2016 (3) dt.29-08-2016 3/3 period of twelve weeks from today, 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, Ist Class, Patna in connection with Shastri Nagar P.S. Case No. 166 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Let the order of this Court along with the report of the Mediator including the terms of agreement be transmitted to the learned court below.
DKS/ (Dinesh Kumar Singh, J.) U T