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Patna High CourtCR. MISC./37854/2014bail granted

Kalikant Singh And ORS v. The State Of Bihar

2015-08-26Mr. Justice Shivaji Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 37769 of 2014 Arising Out of PS.Case No. -42 Year- 2013 Thana -SAKATPUR District- DARBHANGA ======================================================

1. Manoj Kumar Singh, Son of Kalikant Singh, resident of VillageKakodha, P.S. Sakatpur, District- Darbhanga.

2. Arbind Kumar Singht, Son of Fusi Singh, Resident of VillageSrirampur, P.S. Sakatpur, District- Darbhanga. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No. 37854 of 2014 Arising Out of PS.Case No. -42 Year- 2013 Thana -SAKATPUR District- DARBHANGA ======================================================

1. Kalikant Singh Son of Late Lakhan Singh.

2. Pramila Singh Wife of Kalikant Singh.

3. Vijay Kumar Singh Son of Kalikant Singh.

4. Ramkasi Devi Wife of Late Ganesh Singh All residents of Village - Kakodha, P.S. - Sakatpur, District - Darbhanga. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.37769 of 2014) For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

(In Cr.Misc. No.37854 of 2014) For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 26-08-2015 Heard learned counsel for the parties.

By order dated 01.04.2015, the petitioners were granted interim protection against coercive action in connection with Sakatpur P.S. Case No. 42 of 2013. The case has been heard on a number of

Patna High Court Cr.Misc. No.37769 of 2014 (7) dt.26-08-2015 2/3 occasions and even the parties had appeared before the Court. Upon hearing learned counsel for the parties and the parties themselves, it was finally agreed that Mr. Manoj Kumar Singh with whom the girl is said to have married would return all the articles which were with him. Today an affidavit has been filed by Mr. Manoj Kumar Singh, indicating that the articles were handed over to Mr. Rohit Kumar Singh, son of the informant and brother of the girl in presence of the counsel for both the parties on 19.08.2015 itself and Rs. 15,000/- was handed over on 24th August, 2015.

Learned counsel for the informant does not dispute the aforesaid position.

As per the previous agreement between the parties, the matter having been finally settled, it is further agreed that the criminal case shall not be pressed and rather a petition shall be filed before the Court below to close the case. Learned counsel for the parties also undertake that in future they shall not interfere in any manner with the affairs or life of the other side.

In view of the aforesaid, in the event of arrest or surrender before the court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga in Sakatpur P.S. Case No. 42 of 2013,

Patna High Court Cr.Misc. No.37769 of 2014 (7) dt.26-08-2015 3/3 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

Thereafter, the parties shall file a petition in terms of the observations made hereinabove within the next one week. Upon such petition being filed, the Court shall proceed to pass appropriate orders.

The applications stand disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J.) P. Kumar U T