Ajay Kumar @ Ajay Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62348 of 2024 Arising Out of PS. Case No.-267 Year-2023 Thana- COMPLAINT CASE District- Supaul ====================================================== Ajay Kumar @ Ajay kumar Yadav S/o- Bhumesh Prasad Yadav @ Bhumeshwar Prasad Yadav village- Dharahar, Mahadev Asthan ward no 13, Ps- Raghopur Dist- Supaul ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Anita Devi @ Anita Kumari W/o- Ajay Kumar, D/o- Shyam Prasad Yadav Village- Kyotapati W.No-7, Ps- Kishanpur Dist- Supaul ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pratibha Ssrivastava, Advocate For the Opposite Party/s :
Mrs.Sucheta Yadav, APP For the O.P No. 2 :
Mr. Prafull Chandra Thakur, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 05-05-2025
1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no. 2.
2. The petitioner apprehends his arrest in connection with Complaint Case no. 267C of 2022 registered under Sections 498A and 494 of the Indian Penal Code.
3. As per the prosecution case, the complainant states that her marriage was solemnized with the petitioner in the year 2010. After some years of marriage, all accused persons including the petitioner herein started to assault her mentally and physically on account of non-fulfillment of demand of dowry and ultimately ousted her from matrimonial house.
Patna High Court CR. MISC. No.62348 of 2024(4) dt.05-05-2025 2/3
4. Learned counsel for the petitioner submits that earlier vide order dated 16.12.2024, the matter was sent to the Patna High Court, Mediation Center for reaching settlement between the parties and a report of the Mediation Centre is available on the record.
5. A perusal of the same would go to show that memorandum of agreement has been prepared between the parties in the Mediation Proceeding No. 1909 of 2024 dated 22.04.2025. It clearly shows that the petitioner has agreed to keep his wife with full dignity and honour and the opposite party no. 2 has also agreed to live with her husband. They will take care of their children as responsible parents. Hence, no dispute remains between them.
6. The application for anticipatory bail is opposed by learned A.P.P. for the State.
7. In such view of the matter and also taking into consideration the mediation report of settlement between the parties, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Complaint Case no. 267C of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
Patna High Court CR. MISC. No.62348 of 2024(4) dt.05-05-2025 3/3 two sureties of the like amount each to the satisfaction of the learned A.C.J.M-III, Supaul, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that both the parties would strictly abide to the terms and condition of the settlement. In any case of violation of the same, the opposite party no. 2 is at liberty to approach the learned Court below for cancellation of anticipatory bail of the petitioner.
(Soni Shrivastava, J) Harsh/- U T