Udesh Ram @ Udesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57289 of 2024 Arising Out of PS. Case No.-1918 Year-2023 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Udesh Ram @ Udesh Kumar son of Manoj Ram Village- Salakhanni, PsDalsingsarai Dist- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Babita Kumari wife of Udesh Ram Village- Salakhanni Ps- Dalsingsarao Dist- Samastipur P/A- Vikrampur Ps- Tajpur Dist- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surya Narayan Roy, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP Mr. Ashwani Kumar Tiwary, Adv.for OP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for opposite party no. 2.

2. The petitioner, husband of opposite party no. 2, apprehends his arrest in a complaint case punishable for the offence under Section 498-A of the Indian Penal Code.

3. At the outset, learned counsel for the petitioner submits that the dispute between the parties has been settled amicably through the process of mediation and for this, the petitioner offered a cheque of Rs. 50,000/- (Rupees fifty thousand) to opposite party no. 2, as full and final settlement amount, which she has candidly accepted and both parties also agreed to dissolve the marriage and live separately.

Patna High Court CR. MISC. No.57289 of 2024(4) dt.22-01-2025 2/3

4. Learned counsel for the opposite party no. 2 does not dispute and confirms the fact regarding settlement entered into between the parties.

5. Here, it is relevant to mention that earlier, 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 in terms of Memorandum of Agreement annexed with Mediator's report.

6. Considering the fact that dispute between the parties has been resolved, the prayer for anticipatory bail of petitioner is allowed.

7. Let the petitioner, as named above, in the event of arrest/surrender within a period of eight weeks from today, 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 S.D.J.M., Samastipur in connection with C.R. Case No. 1918 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that petitioner shall abide by all the terms & conditions, mentioned in Memorandum of Agreement, failing which, learned Court below shall be at liberty to cancel the

Patna High Court CR. MISC. No.57289 of 2024(4) dt.22-01-2025 3/3 bail-bond of the petitioner.

(Prabhat Kumar Singh, J) anay U T