Chandan Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17514 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -MAHILA PS District- BUXAR ====================================================== Chandan Tiwary son of Ram Pravesh Tiwary .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mr. T.N.Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-10-2016 Heard learned counsels for the petitioner, informant and the State.

The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A, 341, 323, 504, 506, 120B/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Basis accusation is of torture for non-fulfillment of dowry demand.

It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the informant.

Patna High Court Cr.Misc. No.17514 of 2016 (5) dt.27-10-2016 2/3 This Court vide order dated 21.06.2016, on joint prayer of the parties, referred the matter to the Mediation Centre of Bihar State Legal services Authority. The report of the mediator dated 18.10.2016 kept at "Flag-B" reflects that both sides decided to part ways on payment of one time settlement amount of Rs.2,00,000/- (Rupees Two Lacs).

Learned counsel for the petitioner submits that the said amount will be submitted before the learned Court below through bank draft within a period of eight weeks. Out of which one bank draft of Rs.1,00,000/- will be submitted before the learned court below on the date of furnishing the bail bond. The learned Court below will release the bank drafts in favour of the informant.

Learned counsel for the informant did not dispute the contention of learned counsel for the petitioner. Both sides also agreed to file matrimonial suit under section 13B of the Hindu Marriage Act within a period of four weeks.

Considering the present stand of the parties, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within

Patna High Court Cr.Misc. No.17514 of 2016 (5) dt.27-10-2016 3/3 a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Buxar, in connection with Buxar Mahila P.S. Case No.9/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T