Patna High CourtCR. MISC./60248/2023disposed

Shiv Shankar Kumar @ Shiv Shankar Kumar Rai v. The State Of Bihar

2024-04-10Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60248 of 2023 Arising Out of PS. Case No.-1650 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Shiv Shankar Kumar @ Shiv Shankar Kumar Rai, S/O Mahaveer Ray R/O Village- Narhan Bela, Ps. Bibhutipur, Dist. Samastipur ... ... Petitioner/s

Versus

The State Of Bihar 2.

Soni Kumari, W/O Shiv Shankar Kumar @ Shiv Shankar Kumar Ray, D/O Brijnandan Rai R/O Village- Tira Jatmalpur, Ps. Kalyanpur, Dist. Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raja Ram Mishra For the Opposite Party/s :

Ms.Gulnar Begum Mr.Raj Kishore Roy Mr.Rajesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-04-2024

1. Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 4 of the D. P. Act.

3. The learned counsel for the petitioner submits that he has instructions to make submission that petitioner is willing to settle the dispute by way of one time settlement by paying an amount of Rs.7 Lacs (Rs. Seven Lacs) to the opposite party

Patna High Court CR. MISC. No.60248 of 2023(5) dt.10-04-2024 2/3 no.2.

4. The learned counsel for the opposite party no.2 also submits that in the event, if petitioner pays Rs.7 Lacs by way of one time settlement, in that event, she will withdraw all the criminal cases.

5. The learned counsel for the petitioner, at this stage, submits that petitioner presently is not in job rather earns through tuition and thus, will require sometimes to pay the entire amount of Rs.7 Lacs. It is also submitted that petitioner is willing to pay Rs.One Lac every month commencing from 29.04.2024, as such, by 29.11.2024, the entire amount shall be paid.

6. The learned counsel for the opposite party no.2 also does not object to the said submission made on behalf of the petitioner.

7. Considering the submissions made by the learned counsel for the parties, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on provisional anticipatory bail till 01.12.2024 on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.60248 of 2023(5) dt.10-04-2024 3/3 S.D.J.M., Samastipur in connection with Complaint Case No.1650 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

8. The application stands allowed.

9. In the event, if the petitioner pays the entire amount as agreed by 29.11.2024, in that event, the provisional bail granted to the petitioner shall be confirmed by the learned trial Court on the same term and condition, but if the petitioner fails to settle the dispute or misses any monthly instalment, in that event, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons. 10.

At this stage, the learned counsel appearing on behalf of the opposite party no.2 submits that in the event, if the petitioner pays the amount of Rs.7 Lacs by 29.11.2024, in that event, the opposite party no.2 shall withdraw the all the criminal cases against the petitioner except the guardianship case.

(Satyavrat Verma, J) vikash/- U T