Binod Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60419 of 2024 Arising Out of PS. Case No.-1178 Year-2023 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Binod Yadav Son of Late Jageshwar Yadav R/V- Village- Bahurwa, P.S.- Salkhua, Distt.- Saharsa ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Bimal Devi Wife of Binod Yadav, D/O- Late Mahendra Yadav R/V- R/VVillage- Bahurwa, P.S.- Salkhua, Distt.- Saharsa at present residing at Vilalge- Patepur, P.S.- Sonbarsa Raj, Distt.- Saharsa ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Adv.
For the Opposite Party/s :
Mr.Rajendra Prasad Nat, APP For the informant :
Mr. Dhandev Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-02-2025 Heard learned counsel for the petitioner, learned counsel for informant and learned APP for the State.
2. The petitioner has filed the instant application for apprehending his arrest in a case registered for the offences punishable under Sections 498(A) of the Indian Penal Code.
3. It is a case of torturing, assaulting ousting the complainant from her matrimonial house by the petitioner along with other accused persons.
4. In pursuance to the direction of this Court, to appear before the Mediation Centre, both the parties have appeared before the Patna High Court Mediation Centre. The
Patna High Court CR. MISC. No.60419 of 2024(4) dt.27-02-2025 2/3 report of Memorandum of Agreement, sent by Patna High Court Mediation Center, dated 21.02.2025, has been received and is kept at flag 'M' and it suggests that the dispute between the parties has been resolved through the process of mediation, the terms of settlement mutually agreed upon by them is hereunder:- "(i) Petitioner will keep his wife with full honor and dignity.
(ii) O.P. No. 2 will happily lead her conjugal life and will not misbehave with her inlaws. She will go to her paternal house with prior permission of her husband (petitioner).
(iii) Parents of either parties will not interfere in the family matter of each other parties. (iv) after a passage of six months, if cordial relation prevail, both the parties will withdraw the pending cases against each other."
6. In the meantime, as per their agreement, Both parties are directed to withdraw their respective cases Civil/Criminal in nature filed against each other, after a period of six months.
7. Having heard learned counsel for the parties and considering the above facts as also mentioned in Memorandum of Agreement, this Court is inclined to enlarge the petitioner on
Patna High Court CR. MISC. No.60419 of 2024(4) dt.27-02-2025 3/3 bail after verifying the conditions as per the memorandum of agreement of mediation report between the parties. The above named petitioner is directed to be enlarged on bail in connection with Complaint Case No. 1178(c) of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Saharsa.
(S. B. Pd. Singh, J) Prabhakar/- U T