Mukesh Kumar @ Mukesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53040 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- BASANTPUR District- Siwan ====================================================== MUKESH KUMAR @ MUKESH MAHTO S/o Mosafir Mahto Resident of Village- Asha Khaira, P.S.- Baikunthpur, District- Gopalganj ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Minta Devi W/o Mukesh Kumar @ Mukesh Mahto Resident of VillageSuryapura, P.S.- Basantpur, District- Siwan. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Abhishek, Advocate For the Opposite Party :

Mr.Gauri Shankar Gupta, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the parties.

Petitioner apprehends arrest in a case registered for offence under sections 323,406/498A of the Indian Penal Code and under sections 3⁄4 of the Dowry Prohibition Act. In view of submissions of the parties that they have resolved their dispute through the process of mediation and the terms of settlement mutually agreed upon between them vide mediator's report dated 25.11.2019, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Siwan in

Patna High Court CR. MISC. No.53040 of 2019(4) dt.28-02-2020 2/2 Basantpur Police Station Case No. 34/2019, Complaint Case No. 2944/2018 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(3) If the petitioner fails to abide by the terms of the agreement, opposite party no.2 would be at liberty to move the Court below for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T