Dillu Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58835 of 2022 Arising Out of PS. Case No.-658 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== DILLU MAHTO Son of Sri Suruj Mahto Resident of Village- Khutiya Vishambharpur, P.S.- Majhaulia, District- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar BIHAR 2.
ANITA DEVI Daughter of Sri Daroga Mahto Resident of Village- Kudwa Mathiya parsauna, Ward No. 01, P.S.- Chanpatia (Kumarbag), District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :
Mr. Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel for the informant. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 494, 505, 506/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
Learned counsel for the petitioner and the informant jointly made such submissions that the parties are ready for a one time settlement. The learned counsel for the petitioner submits that petitioner is willing to pay an amount of Rs. 2,70,000 (Two Lakhs and Seventy Thousand) by way of one time settlement to the informant to which the learned counsel
Patna High Court CR. MISC. No.58835 of 2022(4) dt.22-05-2023 2/3 for the informant submits that he has instructions to agree. The learned counsel for the petitioner submits that the petitioner will make the entire payment of Rs. 2,70,000 (Two Lakhs Seventy Thousand) within 15 days from today in the account of the informant on which the learned counsel for the informant submits that he will supply the bank account number of the informant on the WhatsApp number of the learned counsel for the petitioner and the learned counsel for the petitioner undertakes to communicate the Account Number of the informant to the petitioner.
In the event if the payment is credited in the account of the informant by 09.06.2023 and thereafter the petitioner surrenders before the learned trial court within a period of six weeks with a certificate showing that the amount has been credited in the account of the informant, then the petitioner above-named, in the event of his arrest or surrender, be released on provisional anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chanpatia P.S. Case No. 658 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
Patna High Court CR. MISC. No.58835 of 2022(4) dt.22-05-2023 3/3 The informant shall be noticed thereafter by the learned Trial Court and on appearance of the informant if she testifies that the amount has been credited in her account, the provisional bail granted to the petitioner shall be confirmed on the same terms and conditions.
The learned counsel for the informant at this stage submits that the moment the amount is credited the informant shall also withdraw all cases against the petitioner. In the event if the amount is not credited by 09.06.2023, then the informant will be at liberty for filing an application seeking recall of the order before this Court. (Satyavrat Verma, J) Adnan/- U T