Mangal Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69951 of 2021 Arising Out of PS. Case No.-425 Year-2021 Thana- MANER District- Patna ====================================================== MANGAL SAHU Son of Ramashankar Sah @ Rama Shankar Prasad Sah Resident of Village- Diwan Ke Barka Gaon, P.S.- Sikaroul, District- Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rekha Kumari Wife of Mangal Sahu, D/o Nandkishor Prasad Resident of Village- Diwan Ke Barka Gaon, P.S.- Sikaroul, District- Buxar. At present reside at Village- Main Road, Maner Paraw, P.O.- Maner, District- Patna, Pin Code- 801108.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Makardhwaj Upadhyay, Advocate For the State :

Ms. Suman Kumari Singh, APP For Opposite Party No.2 :

Mr. Rupes Kumar, Advocate Md. Mavshad Akhtar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-12-2023

1. Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 504, 506, 354, 494, 498A and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. At the outset, learned counsel for the petitioner submits that dispute between the parties has been resolved through the process of mediation. He submits that it was agreed that the parties would take mutual divorce in the family court and also that the criminal case would come to an end. He further submits that out of the total settlement amount of Rs.

Patna High Court CR. MISC. No.69951 of 2021(10) dt.20-12-2023 2/3 11,00,000/- (Eleven lakh rupees), a sum of Rs. 3,00,000/- (Three lakh rupees) has already been paid vide Demand Draft No. 755106 dated 31.01.2023 of State Bank of India and today a Demand Draft of Rs. 4,00,000/- (Four lakh rupees) bearing Demand Draft No. 755410 dated 14.12.2023 of State Bank of India is being handed over by him to learned counsel for informant/Opposite Party No. 2 in the court itself. He further submits that the rest of the amount of Rs. 4,00,000/- (Four lakh rupees) will be paid by the petitioner to the informant/Opposite Party No. 2 during the course of divorce proceedings.

4. The above facts have not been disputed by learned counsel for the informant/opposite party no.2

5. Considering the aforesaid facts and circumstances, the prayer for grant of anticipatory bail to the petitioner is allowed.

6. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above-named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Danapur, in connection with Maner P.S. Case No. 425 of 2021, subject to condition as laid down under Section 438(2) of the Cr.P.C. with further

Patna High Court CR. MISC. No.69951 of 2021(10) dt.20-12-2023 3/3 condition that petitioner shall abide by the terms & conditions of the agreement arrived at between the parties. (Prabhat Kumar Singh, J) shashank/- U T