Keshav Kumar @ Keshar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58648 of 2023 Arising Out of PS. Case No.-312 Year-2022 Thana- ROSERA District- Samastipur ====================================================== KESHAV KUMAR @ KESHAR KUMAR SON OF MAHADEO LAL RESIDENT OF VILLAGE-CHAURAHI, PS- KHODAWANTPUR, DISTTBEGUSARAI ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
RIMA KUMARI DAUGHTER OF SRI ARVIND KUMAR LAL RESIDENT OF VILLAGE-DAGWAR TOLI, WARD NO. 13, ANDAR NAGAR PARISHAD, ROSERA, PS- ROSERA DISTT- SAMASTIPUR, W/O KESHAV KUMAR RESIDENT OF VILLAGE-CHAURAHI, PSKHODAWANTPUR, DISTT- BEGUSARAI ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saron Kumar Choudhary,Adv.
For the Opposite Party/s :
Mr. Damodar Prasad Tiwary,APP Mr. Madhav Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-08-2024 Heard learned counsel for the petitioner, State and complainant / opposite party no. 2.
2. The petitioner, husband of opposite party no. 2, apprehends his arrest in a case registered for the offence under Sections 341, 323, 354, 498(A) /34 of the Indian Penal Code.
3. At the outset, learned counsel for both the parties submit that the dispute between the parties has been settled amicably through the process of mediation and both parties have agreed to live separately and for this, the petitioner offered to pay Rs. 5,00,000/- (Rupees two lacs) in three installments, as
Patna High Court CR. MISC. No.58648 of 2023(5) dt.06-08-2024 2/3 full and final settlement amount to opposite party no. 2 and opposite party no. 2 has accepted the offer and gave her consent.
4. Here, it is relevant to mention that earlier, vide order dated 16.10.2023, 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, vide report of the Mediator dated 10.04.2024, kept at flag 'M-1', and in compliance of Mediator's report, counsel for the opposite party no. 2 namely Mr. Madhav Kumar receives a Demand Draft of Rs. 1,00,000/- (Rupees one lac) in Court itself, bearing D.D.No. 282688 dated 09.04.2024 of State Bank of India, Rosera Branch.
5. In view of aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the petitioner, as named above, 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 A.C.J.M.- 1st , Rosera, Samastipur in connection with Rosera P.S. Case No. 312 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further following condition:
"that petitioner shall abide by all the terms &
Patna High Court CR. MISC. No.58648 of 2023(5) dt.06-08-2024 3/3 conditions, mentioned in Memorandum of Agreement dated 10.04.2024 annexed with the Mediator's report (flag 'M') and pay rest amount i.e. Rs. 4,00,000/- (Four lacs) to opposite party no. 2, failing which, learned Court below shall be at liberty to cancel the bail-bond of the petitioner." (Prabhat Kumar Singh, J) anay U T