Ram Chandra Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 36892 of 2014 Arising Out of PS.Case No. -80 Year- 2014 Thana -RIGA District- SITAMARHI ====================================================== Ram Chandra Singh, Son of Late Bhakti Singh, Resident of VillageKapraul, P.S. Riga, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sudhira Devi, Wife of Late Manoranjan Singh, resident of VillageKapraul, P.S. Riga, District- Sitamarhi. Present Address.- Sudhira Devi, Daugher of Upendra Mahto, resident of Village- Sama Sasaula, P.S. Majarganj, District- Sitamarhi.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 22-04-2015 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioner had been granted provisional bail subject to certain conditions. Though, the said have not yet been fulfilled by the petitioner but today a categorical stand has been taken that the parties have compromised on the condition that the petitioner shall pay Rs. 1,25,000/- to the informant within four months and that she would be allowed to live in the matrimonial home along with her three children where at least two rooms shall be provided to her and the other family members shall not create any nuisance or problem in her life.

In view of the aforesaid, the provisional bail

Patna High Court Cr.Misc. No.36892 of 2014 (5) dt.22-04-2015 2/3 granted to the petitioner by order dated 22.10.2014 stands confirmed. The informant has agreed that she will not pursue the criminal case and she will also file a petition before the Court that she has no grievance against the accused. The Court expects that the trial Court shall thereafter proceed to dispose off the case filed by the informant.

The petitioner shall make payment of Rs.

25,000/- to the informant latest by 5th May, 2015; the second installment of another Rs. 25,000/- by 5th June, 2015; followed by Rs. 25,000/- by 5th July, 2015; further Rs. 25,000/- by 5th August, 2015 and the remaining Rs. 25,000/- shall be paid latest by 31st August, 2015. The petitioner after complying with the order shall file an affidavit before the Court below regarding payment made by him.

The informant shall have liberty to bring to the notice of this Court if there is any violation of the aforementioned terms of the agreement and directions of the Court, which, if found correct may lead to penal consequences against the petitioner including cancellation of his bail bonds and revival of the criminal case. The petitioner shall ensure that the amount in terms of the aforementioned schedule is deposited in the savings Bank account of the informant in Syndicate Bank, Krishna Market, Dumra Road, Sitamarhi Branch bearing no. 75422200053522.

It is made clear that the share of the children of

Patna High Court Cr.Misc. No.36892 of 2014 (5) dt.22-04-2015 3/3 the informant in their ancestral property shall in no way be affected by the present terms and conditions of the settlement between the accused and the informant. The report from the Superintendent of Police, Sitamarhi as per the direction of this Court has been received and the same be kept on record. The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J.) P. Kumar U T