Rajesh Kumar Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54844 of 2023 Arising Out of PS. Case No.-10 Year-2023 Thana- NASRIGANJ District- Rohtas ====================================================== Rajesh Kumar Tiwary S/O Amarnath Tiwary @ Jagarnath Tiwary R/O House No. L-4/1, Road No. 21, P.S- Sidgdora, Distt.- Singhbhoom,(Jharkhand), Permanenet Address Is Of Village- Shankarpur, P.S- Nasriganj, Distt.- Rohtas(Bihar).

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Chanchal Kumari D/O Birendra Kumar Dubey, W/O Rajesh Kumar Tiwary R/O Village- Tilsa, P.S- Nasriganj, Distt.- Rohtas(Bihar). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhanendra Chaubey For the Opposite Party/s :

Mrs.Sangeeta Sharma Mr.Surendra Kumar Singh Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-04-2024 Heard learned counsel for the parties.

2. The petitioner, husband of opposite party no. 2, apprehends his arrest in a case registered for the offence under Sections 341, 323, 498-A and 34 of the Indian Penal Code and Section 3, 4 of the Dowry Prohibition Act.

3. Earlier, vide order dated 19.12.2023, the matter was referred to the Mediation & Conciliation Centre of Patna High Court to explore the possibility of settlement between the parties and vide report dated 13.03.2024, the Mediator has reported that the dispute between the parties has been resolved amicably through the process of mediation and both parties have agreed to live separately and take divorce from the competent court. They have also agreed to settle the matter on one time settlement of

Patna High Court CR. MISC. No.54844 of 2023(8) dt.30-04-2024 2/2 Rs. 8 lacs, out of which, a cheque of Rs. 3 lacs has already been handed over to opposite party no. 2 and rest 5 lacs shall be deposited by petitioner in two installment. Besides this, both parties will withdraw their cases. These facts have been mentioned in Memorandum of Agreement dated 06.03.2024 attached with Mediator's report (flag 'M').

4. 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 S.D.J.M., Bikramganj, District - Rohtas in connection with Nasriganj P.S. Case No. 10 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 dated 06.03.2024 before the Mediation Centre, failing which, learned Court below shall be at liberty to cancel the bail-bond of the petitioner.

(Prabhat Kumar Singh, J) anay/- U T