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Patna High CourtCR. MISC./51623/2016allowed

Rajendra Sah @ Rajendra Prasad Saha @ Rajender Sah v. State Of Bihar And ANR

2017-06-28Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51623 of 2016 Arising Out of PS.Case No. -414 Year- 2015 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ====================================================== Rajendra Sah @ Rajendra Prasad Saha @ Rajender Sah, S/o Mukesh Sah @ Mahesh Pd. Saha, Resident of Village- Puraini Bazar, Ward No. 12, P.S.- Puraini, District- Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Sangita Devi, Wife of Rajendra Sah, Resident of Village- Puraini Bazar, Ward No. 12, P.S.- Puraini, District- Madhepura, Presently residing at D/o Ram Bilash Sah, resident of- Sheikhpura Chaman, P.S.- Uda- Kishunganj, District- Madhepura.

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

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Parmatma Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 414 of 2015 registered under Section498A/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that the matter was referred to the Mediation Centre for resolving the dispute between the parties, but the same has been failed.

On perusal of the supplementary affidavit, it appears that the matter has been compromised/settled outside the Court on

Patna High Court Cr.Misc. No.51623 of 2016 (6) dt.28-06-2017 2/2 payment of alimony amount and both the parties have decided to reside separately, as mentioned in the supplementary affidavit. It is further stated in the supplementary affidavit that both the parties are agreed to withdraw all the cases filed against each other after payment of total alimony amount.

Taking the same into consideration, facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Udakishunganj, Madhepura in connection with Complaint Case No. 414 of 2015 subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) Shailendra/- U T