Bechu Ram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19915 of 2015 Arising Out of PS.Case No. -928 Year- 2013 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Bechu Ram son of Vichandi Ram, Resident of village- Jamadar Tola, P.S. Chautarwa, District- West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Geeta Devi wife of Bechu Ram daughter of Raghunath Ram, resident of village- Awraiya, P.S. Bhairoganj, District- West Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Ram Naresh Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06/ 01-03-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 504 and 498A of the Indian Penal Code. The basic accusation is of torture.

Patna High Court Cr.Misc. No.19915 of 2015 (6) dt.01-03-2016 2/3 The notices were issued to opposite party no. 2 vide order dated 30.04.2015. Subsequently on appearance of opposite party no. 2, on the joint prayer of the parties the matter was referred to the Mediation Centre of Bihar State Legal Services Authority. The report of the Mediator at Flag 'X' reflects that the issue has been resolved through the process of mediation.

It is submitted by learned counsel for the petitioner that both sides agreed to get marriage dissolved on payment of permanent alimony of Rs.51,000/- and the said amount has already been paid to the complainant. The contention of the learned counsel for the petitioner is not being controverted by the learned counsel for the complainant.

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 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, Bettiah, East Champaran in connection with Complaint Case No. 928(C) of 2013, subject to the conditions

Patna High Court Cr.Misc. No.19915 of 2015 (6) dt.01-03-2016 3/3 as laid down under Section 438(2) of the Cr.P.C. Let the order be transmitted to the learned court below along with the report of the Mediator along with terms of agreement.

DKS/ (Dinesh Kumar Singh, J.) U T