Jitendra Kumar Sharma @ Jitendra Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60452 of 2023 Arising Out of PS. Case No.-3380 Year-2021 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== JITENDRA KUMAR SHARMA @ JITENDRA SHARMA S/o- SHRI AWADHESH SHARMA resident of village & PO - Haraji PS - Dighwara Dist- Saran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
PUJA KUMARI wife of Jitendra Sharma D/o Late SANTOSH SHARMA presently residing at Village - Rudalpur PS - Jalalpur Dist. - Saran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1, A.P.P.
Mr. Naresh Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-03-2024
1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 326, 379, 498(A)/34 of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act.
3. Learned counsel appearing on behalf of the opposite party no. 2 submits that on intervention of the well wishers the dispute in between the petitioner and the opposite party no. 2 stands resolved. It is further submitted that petitioner is willing to pay Rs.4 lakhs by way of one time settlement. It is
Patna High Court CR. MISC. No.60452 of 2023(5) dt.21-03-2024 2/3 next submitted that it has been decided that the said amount of Rs.4 lakhs shall be paid within a period of four months.
4. Learned counsel appearing on behalf of the petitioner concurs with the said submission of the learned counsel for the opposite party no. 2 but submits that the petitioner will pay the amount of Rs.4 lakhs within a period of four months from today. It is further submitted that the petitioner on the date of surrender shall pay an amount of Rs.1 lakh to the opposite party no. 2.
5. 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 from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chapra Complaint Case No. 3380 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. It is made clear that if the petitioner on the date he surrenders does not pay the amount of Rs.1 lakh as agreed to the opposite party no. 2 in that event his provisional anticipatory
Patna High Court CR. MISC. No.60452 of 2023(5) dt.21-03-2024 3/3 bail bonds shall not be accepted.
7. It is made clear that if the petitioner pays the amount of Rs.1 lakh on the date of surrender then his provisional anticipatory bail bonds shall be accepted but if rest of Rs.3 lakhs is not paid by 21.07.2024 in that event the learned trial court shall forthwith cancel the provisional anticipatory bail granted to the petitioner.
8. At this stage, learned counsel for the opposite party no. 2 submits that the moment the entire amount is paid as agreed, the opposite party no. 2 shall withdraw all the cases against the petitioner and if the petitioner files an application seeking divorce by mutual consent, the opposite party no. 2 shall also sign the said document without any objection. (Satyavrat Verma, J) Kundan/- U T