Patna High CourtCR. MISC./8036/2015bail granted

Amit Kumar @ Sonu v. State Of Bihar And ANR

2015-09-07Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8036 of 2015 Arising Out of PS.Case No. -320 Year- 2014 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ======================================================

1. Amit Kumar @ Sonu son of Raj lagan Singh r/o village- Amnaur, P.S. Amnaur, District- Saran, at present resident of Mohalla- Bajrangpuri, P.s. Alamganj, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sadhna Rani@ Moni W/o Amit Kumar D/o Harballabh Prasad Singh r/o Mohalla- Naisarai (Opposite - State Bank of India), P.S,. Bihar , District- Nalanda.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Chandra For the Opposite Party/s : Mr. Uday Chand Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-09-2015 The petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 323, 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

With consent of the parties, the matter was referred to the Mediation & Conciliation Centre of the State Legal Services Authority. The report of the Mediator at Flag-A dated 25.08.2015 reflects that both sides have decided to part ways on payment of permanent alimony of Rs. 6,50,000/- and they decided to file a petition under Section 13(B) of the Hindu Marriage Act with a prayer for decree of divorce. The petitioner

Patna High Court Cr.Misc. No.8036 of 2015 (5) dt.07-09-2015 2/3 was supposed to give 50% of the permanent alimony amount i.e. Rs. 3,25,000/- through demand draft/cheque and the balance amount before passing of the decree of divorce. It was also mutually agreed that compromise petition will be filed in the Complaint Case No. 320C of 2014, pending in the Court of learned Sub-Divisional Judicial Magistrate, Nalanda at Biharsharif.

In pursuance to the terms of the agreement, the petitioner is handing over a cheque of Rs. 3,25,000/- drawn on State Bank of India, Jhunjhunu, branch dated 07.09.2015 in favour of the informant Sadhana Rani to the counsel appearing on behalf of the complainant.

It is expected from the counsel for the complainant to make an endorsement to that effect on the record.

Considering the present stand of the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Nalanda at Biharsharif in connection with Complaint Case No. 320C of 2014, 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

Patna High Court Cr.Misc. No.8036 of 2015 (5) dt.07-09-2015 3/3 report of the Mediator including a copy of terms of the agreement be transmitted to the learned Court below. (Dinesh Kumar Singh, J) Shageer/- U T