Jaikishore Tiwari @ Vikash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52685 of 2024 Arising Out of PS. Case No.-483 Year-2023 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Jaikishore Tiwari @ Vikash Son of Madan Tiwari RESIDENT OF VILLAGEKUJHI, POLICE STATION- BAGHAILA, DISTRICT- ROHTAS AT SASARAM ... ... Petitioner/s
Versus
1.
The State of Bihar BIHAR 2.
SHWETA DEVI WIFE OF JAIKISHORE TIWARI @ VIKASH D/OSHESH MUNI PANDEY, AT PRESENT RESIDENTOV VILLAGETEKANPURA, P.O.- KUSHUMHRA, P.S- SURYAPURA, DISTT.- ROHTAS AT SASARAM ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghunandan Kumar Singh For the Opposite Party/s :
Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant.
2. Earlier vide order dated 20.11.2024, the matter was sent to the Patna High Court, Mediation Center for reaching settlement between the parties but the mediation has failed.
3. Today in the proceedings, both the parties are also present along with their respective counsels and after having an interaction with the parties and the efforts made by the learned counsels appearing for the parties, a one time settlement has been reached between them, which would settle all the grievances between the parties. It has been agreed that
Patna High Court CR. MISC. No.52685 of 2024(7) dt.14-05-2025 2/3 the petitioner would pay a total amount of Rs.5,00,000/- to the O.P. No.2 as full and final settlement for all the litigations between the parties. Learned counsel appearing for the O.P. No.2 and O.P. No.2 herself agree to such proposal.
4. In such view of the matter, I am inclined to grant provisional bail to the petitioner on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Rohtas, in connection with Complaint Case No.483 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and subject to the further condition that the petitioner shall cooperate in the investigation/trial.
5. At the time of furnishing of bail bonds, the petitioner would show the receipt of deposit of an amount of Rs.2,50,000/- out of the total amount of Rs.5,00,000/- whereafter, the bail bonds would be accepted. Thereafter, the petitioner would pay the rest amount of Rs.2,50,000/- by the 20th of June, 2025 and upon the final payment of Rs.5,00,000/-, the learned Court below would confirm the provisional bail of the petitioner and in case the said payment is not made, the learned Court would also be at liberty to cancel the bail bonds.
6. Additionally, it is accepted that the petitioner
Patna High Court CR. MISC. No.52685 of 2024(7) dt.14-05-2025 3/3 would return the furniture of the O.P. No.2, which is lying with him, however, this would not be an issue affecting the bail of the petitioner.
7. Once the payment of entire amount is made by the petitioner, the O.P. No.2 has agreed to withdraw the 498A case and the parties would file a mutual divorce application under Section 13B of the Hindu Marriage Act, 1955, before the concerned Family Court and it goes without saying that both the parties would co-operate to reach its logical conclusion. sharun/- (Soni Shrivastava, J) U T