Brajesh Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54567 of 2024 Arising Out of PS. Case No.-308 Year-2023 Thana- NAWANAGAR District- Buxar ====================================================== Brajesh Tiwari son of Shashibhushan Tiwari Village- Patar Kona Khandricha Ps- Sikraul Dist- Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rani Devi wife of Brajesh Tiwari, D/o- Sanjay Tiwari Village- Patar Kona Khandricha Ps- Sikraul Dist- Buxar P/A- Sidhipur Ps- Nawanagar DistBuxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajiv Ranjan Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 25-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Nawanagar P.S. Case No. 308 of 2023 for the offences punishable under Sections 498A, 379, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. It is a case of matrimonial dispute between the petitioner and opposite party no. 2

4. Earlier vide order dated 31.08.2024, with consent of both the parties, this matter was referred to the Mediation and Conciliation Center, Patna.

5. It reveals from Memorandum of Agreement dated

Patna High Court CR. MISC. No.54567 of 2024(4) dt.25-02-2025 2/3 18.10.2024, that both the parties agreed to live separately and petitioner has offered to pay Rs. 1,25,000/- (One Lakh Twenty Five Thousand) as full and final settlement amount to opposite party no. 2.

6. Petitioner is directed to pay entire amount i.e. Rs. 1,25,000/-(One Lakh Twenty Five Thousand) to the informant as mentioned in the Memorandum of Agreement .

7. In the meantime, as per their agreement, both parties are directed to withdraw the cases pending against each other. As also, abide the other condition if any, incorporated in the said agreement.

8. Having heard learned counsel for the parties and considering the facts mentioned in Memorandum of Agreement before Patna High Court Mediation Center, this Court is inclined to enlarge the petitioner on provisional bail. The above named petitioner is directed to be enlarged on provisional bail in connection with Nawanagar P.S. Case No. 308 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar.

9. Trial Court is directed to confirm the provisional bail granted to the petitioner after verifying the deposit receipts

Patna High Court CR. MISC. No.54567 of 2024(4) dt.25-02-2025 3/3 of payment of the entire amount i.e. Rs. 1,25,000/- (One Lakh Twenty Five Thousand) by the petitioner to the opposite party. Trial Court will also verify the withdrawal of pending cases between both the parties.

10. Accordingly, the instant application stands disposed of.

(S. B. Pd. Singh, J) Ankit Kumar/- U T