Santosh Goswami v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26670 of 2017 Arising Out of PS.Case No. -1819 Year- 2015 Thana -COMPLAINT CASE District- BANKA ====================================================== Santosh Goswami, Son of Anirudh Goswami, Resident of VillageSakrama, P.S.- Sanhaula, District- Bhagalpur (Bihar). .... .... Petitioner

Versus

1. The State of Bihar

2. Kawita Devi, Wife of Santosh Goswami, Son of Anirudh Goswami, Resident of Village- Sakrama, P.S.- Sanhaula, District- Bhagalpur (Bihar).

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ranjan Kumar Jha, Advocate. For the State : Smt. Pushpa Sinha, A.P.P. For the O.P. No. 2 : Mr. Ajay Mukherjee, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner, learned counsel for opposite party no. 2 and learned counsel for the State. The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A), 379 of the IPC and 3⁄4 of the D.P. Act but cognizance has been taken under Sections 498(A), 323 of the IPC and 4 of the D.P. Act. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfillment of demand of dowry. Vide order dated 11.09.2017, the matter was referred to the Mediation Centre, Patna High Court, Patna. As per the

Patna High Court Cr.Misc. No.26670 of 2017 (4) dt.12-12-2017 2/3 report of the Mediator, the disputed has been settled between the parties.

The following are the terms and conditions of the Memorandum of Agreement:- "Patna High Court Mediation Centre Memorandum of Agreement Mediation Proceeding No. 861 of 2017 (Arising out of Cr. Misc. No. 26670 of 2017) An agreement made on 05.12.2017 at the High Court Patna Mediation Centre, between.

Santosh Goswami, Son of Anirudh Goswami, resident of VillageSakarma, P.S. Sanhaula, District-Bhagalpur........... (First Party) And Kawita Devi, W/O Santosh Goswami, Son of Anirudh Goswami, resident of Village-Sakarma, P.S.

Sanhaula, DistrictBhagalpur..... ..... .....(Second Party).

1. Petitioner and the opposite party no. 2 both are present with their respective counsels.

2. The parties have resolved their dispute by restoring their conjugal life as both have agreed to live together.

3. After this resolution of disputes, parties have agreed to withdraw all the cases filed against each other before the courts concerned.

On the above terms the disputes between the parties stands resolved and as such this mediation succeeds. Sd/-( Santosh Goswami) L.T.I./- (Kawita Devi) (Santosh Goswami) (Kawita Devi) Signature of the petitioner Signature of the opposite party Date-5.12.2017 No. 2 Date 5.12.2017.

Signature of the petitioner Sd/-Ajay Mukherjee, Advocate Advocate, A.O.R. No. and Ganesh Sharma, Advocate. Date 05.12.2017 Signature of the Opposite

Patna High Court Cr.Misc. No.26670 of 2017 (4) dt.12-12-2017 3/3 Party No. 2, Advocate A.O.R. No. 02528.

Date 5.12.2017."

Considering the fact that the parties have settled the dispute, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Banka, in connection with Complaint Case No. 1819 dated 26.10.2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T