Anurag Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51885 of 2019 Arising Out of PS. Case No.-1153 Year-2018 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Anurag Kumar, S/o Navneet Nandan Sahay, Resident of Khaderan Singh Marg, Kadam Kuan, P.S.- Kadam Kuan, District- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Karishma @ Karishma Srivastava W/o Anurag Kumar, D/o Gopal Prasad Srivastava R/o House No. 27, Mohalla- New Godown, Near Chitragupta Asthan, P.S.- Kotwali, District- Gaya- 823001 ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brajesh Sahay, Advocate.
For the Opposite Party/s :
Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-08-2021 Heard learned counsel for the petitioner, learned counsel appearing for the opposite party no.2 and the learned A.P.P. appearing for the State through Video Conferencing. The petitioner apprehends his arrest in connection with Complaint Case No. 1153 of 2018, registered under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
Learned counsel for the petitioner submits that on the joint prayer, the matter was referred before the Mediation Centre, Patna High Court, Patna for settlement of dispute in between the petitioner and the opposite party no.2, who are
Patna High Court CR. MISC. No.51885 of 2019(7) dt.26-08-2021 2/3 husband and wife and the dispute in between both parties has already been settled in terms of Memorandum of Agreement dated 28.01.2020 and accordingly, part of the agreement has already been completed and only Rs.14,00,000/- is to be paid by the petitioner to the opposite party no. 2 and petitioner undertakes that he would pay the said amount through Bank Draft in the name of opposite party no. 2 within a week. On the other hand, learned counsel appearing for the opposite party no. 2 submits that if the Bank Draft of Rs.14,00,000/- is handed over to the opposite party no. 2 within a week then opposite party no. 2 along with the petitioner will file joint compromise petition in the trial court to settle the dispute within one month. He further submits that opposite party no. 2 has no objection in allowing the provisional pre-arrest bail of the petitioner.
In view of the submission of the learned counsel for the petitioner and the learned counsel for the opposite party no.2, let the above named petitioner be released on provisional bail, in the event of his arrest or surrender before the learned Court below within a period of six 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 the learned
Patna High Court CR. MISC. No.51885 of 2019(7) dt.26-08-2021 3/3 Sub-Divisional Judicial Magistrate, Gaya, in connection with Complaint Case No. 1153 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. If the petitioner file a certificate in the court below regarding the payment of Rs.14,00,000/- to the opposite party no. 2, the court below will confirm the provisional bail of the petitioner. If the petitioner failed to do so, the trial court will be at liberty to cancel the bail bond of the petitioner.
Bhardwaj/- (Rajendra Kumar Mishra, J) U T