Mukesh Kumar @ Mukesh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49016 of 2016 Arising Out of PS.Case No. -196 Year- 2016 Thana -MUNGER COMPLAINT CASE DistrictMUNGER ====================================================== Mukesh Kumar @ Mukesh S/o Suchi Kumar Singh, Resident of VillageKarahariya, P.S.- Bath, District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Swati Rani, W/o Mukesh Kumar D/o- Umesh Singh, Resident of village- Deoghara, P.S. Medni Chowki, District- Lakhiarai, At prsent resident of Mohalla- Goshi Tola, Tikiya Toli, House No. 28, P.S. Kasim Bazar, District- Lakhisarai.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi For the Opposite Party/s : Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-07-2017 Heard the learned counsel for the petitioner, the learned A.P.P. for the State as also the learned counsel for the opposite party no.2.
In this application for anticipatory bail the petitioner apprehends his arrest in connection with Complaint Case No. 196 C of 2016 for the offences punishable under sections 498 (A) and 312 of the I.P.C and section 3⁄4 of the Dowry Prohibition Act. The learned counsel for the petitioner submits that the petitioner is ready to pay Rs. 9,50,000/- as one time settlement to the opposite party no.2. The learned counsel for the opposite party no.2 is also ready to settle all the disputes after taking Rs.
Patna High Court Cr.Misc. No.49016 of 2016 (9) dt.13-07-2017 2/3 9,50,000/- . It has also been settled between the parties that the petitioner will pay the said amount in four installments; first installment will be paid at the time of filing the bail bond. The payment should be made through the Bank draft in the name of the complainant. Second and third installments will be paid at the time of filing of the case under section 13 (B) of the Hindu Marriage Act, withdrawal of the maintenance case and withdrawal of the criminal case. Last installment will be paid at the time of judgment in the case under section 13 (B) of the Hindu Marriage Act. Under the circumstances, the learned counsel for the petitioner seeks bail. The learned counsel for the opposite party no.2 has got no objection.
In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within six weeks from the date of receipt/production of a copy of this order shall be released on provisional bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. S.D.J.M. Munger in connection with above mentioned case and after payment of the final installment the learned court below shall confirm the bail granted to the petitioner. Both parties will act as per the settlement arrived at between them and will try to dispose of the case as early as possible.
Patna High Court Cr.Misc. No.49016 of 2016 (9) dt.13-07-2017 3/3 In the result, this Criminal Miscellaneous stands disposed of.
(Jitendra Mohan Sharma, J) Abhay/- U T