Patna High CourtCR. MISC./56683/2023bail granted

Akshy Kumar v. The State Of Bihar

2024-05-06Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56683 of 2023 Arising Out of PS. Case No.-25 Year-2023 Thana- MAHILA P.S. District- Bhagalpur ====================================================== Akshy Kumar son of Shashi Bhushan Prasad Sinha village- Bhadas Utri PsMuffasil Dist- Khagaria ... ... Petitioner/s

Versus

The State of Bihar 2.

Juli Kumari son of Akshy KUmar, D/o- Kamleshwari Singh village- Bhadas Utri Ps- Muffasil Dist- Khagaria P/A- Village- Jhandapur Ps- Bihpur DistBhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gaurav Kumar, Adv.

For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-05-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel appearing on behalf of the O.P. No.2.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 498(A), 504, 506 of the Indian Penal Code and Section 3 and 4 of the D.P. Act.

3. The petitioner and the O.P. No.2 in compliance of the order dated 30.04.2024 are present in Court along with their respective learned counsels.

4. Learned counsel for the parties jointly submitted that the case was referred for mediation and the dispute in

Patna High Court CR. MISC. No.56683 of 2023(5) dt.06-05-2024 2/3 between the petitioner and the O.P No.2 was resolved amicably by way of one time settlement at Rs. 2 lacs.

5. The learned counsel for the petitioner submits that a draft of Rs. 2 lakh dated 03.05.2024, drawn in favour of the O.P. No.2, is being handed over to the O.P. No.2, in person, in the Court itself and a photo copy of the draft is also being submitted, which is taken on record. The O.P. No.2 accepts the draft and submits that after the draft is encashed, she will withdraw the instant case against the petitioner and the petitioner also submits that he will also withdraw all the criminal cases filed against the O.P. No.2 and her side. It is next jointly submitted by the petitioner and the O.P. No.2 that they will also file an application seeking divorce by mutual consent after withdrawing the earlier application filed in the court of learned Principal Judge, Family Court, Khagaria, seeking to declare the marriage in between the petitioner and the O.P. No.2 to be a nullity.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.1000/- (Rupees

Patna High Court CR. MISC. No.56683 of 2023(5) dt.06-05-2024 3/3 One Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Naugachia Mahila P.S. Case No.25/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. At this stage, the petitioner and the O.P. No.2 jointly submits that all the cases would be withdrawn and an application seeking divorce by mutual consent would be filed within a period of one month from today including withdrawal of the application seeking to declare the marriage a nullity. (Satyavrat Verma, J) amit/- U T