Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9813 of 2021 Arising Out of PS. Case No.-109 Year-2018 Thana- NAYAGAON District- Saran ====================================================== VICKY KUMAR S/o Umanath Singh Resident of Village- Thakaniya, P.S.- Chandi, District- Nalanda. At present - Resident of Nepali Colony, Sector No. 1, P.S.- Bokaro Steel City, District- Bokaro (Jharkhand). ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

APP Mr. Saket Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-04-2022 Heard Mr. Bhaskar Shankar, learned Advocate for the petitioner and Mr. Saket Anand for the Opposite Party No. 2. The petitioner, who is the husband of the opposite party no. 2, seeks bail in anticipation of his arrest in connection with Nayagaon P.S. Case No. 109 of 2018 dated 21.07.2018 instituted for the offences under Sections 376, 498(A), 420, 504, 120(B) and 34 of the Indian Penal Code and Section 3 of the POCSO Act and Section 3/4 of the Dowry Prohibition Act. On the ground of a settlement having been arrived at between the spouses by virtue of an agreement under which the petitioner was to give Rs. 2,25,000/- to the opposite party no. 2 towards all her matrimonial dues, provisional bail was granted

Patna High Court CR. MISC. No.9813 of 2021(10) dt.26-04-2022 2/2 to the petitioner vide order dated 08.03.2022. However on 18.04.2022, the counsel for the opposite party no. 2 had informed this Court that the money as agreed upon by the petitioner, had not yet been paid to the opposite party no. 2, which assertion was denied by the counsel appearing for the petitioner.

However today, the learned counsel for the informant states that he has received positive information last night that the money has now been paid.

In view of the settlement between the parties and the petitioner having performed his part of the obligation, as agreed upon by him for which a terms of agreement had been formulated, the provisional bail granted to the petitioner is, hereby, confirmed.

The petitioner shall remain on the same bail bonds. The application stands allowed and disposed off accordingly.

(Ashutosh Kumar, J) krishna/- U T