Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61219 of 2024 Arising Out of PS. Case No.-68 Year-2023 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Bipin Kumar Son of Abhay Yadav Resident of Village- Jarkha, P.S.- Sigori, Distt.- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vakil Singh Son of Rameswar Singh Resident of Village- Sukhi Bigha, P.S.- RampurChauram, Distt.- Arwal ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mrs. Asha Devi, APP For the O.P. No.2 : Mr. Birendra Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.

2. The petitioner apprehends his arrest for the offences punishable under Section 323 and 498A of the Indian Penal Code.

3. The petitioner is the husband of opposite party no.2 and there is allegation of demand of dowry and torture. The matter was earlier sent to the Mediation Center but the mediation process has failed.

4. At this juncture, learned counsel for the petitioner and opposite party no.2 informed that a settlement between the

Patna High Court CR. MISC. No.61219 of 2024(6) dt.29-04-2025 2/3 parties has been reached on the ground that the petitioner would pay Rs.2,15,000/- (Rupees Two Lakhs Fifteen Thousand) as full and final settlement of the case, which would be paid in installments and would also be paid by way of a demand draft.

5. In view of the fair stand taken by both the parties, they are directed to appear before the learned Court below and file a joint compromise petition disclosing the modalities of payment in installments. The first installment would be paid at the time of furnishing the bail bonds and the total payment would be made within a period of four months. After payment of total consideration amount, it would be deemed that the grievances and litigation between the parties have settled.

5. In such view of the matter and the fact that the parties are ready to settle their dispute by filing a compromise petition in the learned Court below, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Complaint Case No.68 of 2023, subject to the condition as laid down under

Patna High Court CR. MISC. No.61219 of 2024(6) dt.29-04-2025 3/3 Section 438 (2) of the Cr.P.C.

6. It is made clear that the opposite party no.2 would be at liberty to file an application for cancellation of bail if the petitioner fails to abide by the terms and conditions of the compromise petition as agreed between them.

(Soni Shrivastava, J) Trivedi/- U T