Sunil Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57466 of 2019 Arising Out of PS. Case No.-1000 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Sunil Sao Son of Late Visheshwar Sao Resident of Mohalla - Sandalpur, Bazar Samitti, P.S.- Bahadurpur, District- Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Anjali Devi D/O - Kishor Sao Resident of Mohalla - Kumhrar, Nayatola, Near of Varity Bar, P.S. - Agamkuan, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bindeshwar Prasad Singh, Advocate For the Opposite Party/s :

Mr.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-02-2020 Heard learned counsel for the petitioner, learned counsel for the complainant and learned Additional PP for the State.

The petitioner who is the husband of the opposite party no. 2 has filed the instant application for anticipatory bail in a complaint case wherein cognizance has been taken under section 498A of the Indian Penal Code and section 4 of the D.P. Act.

At the outset it is submitted by learned counsel for the petitioner as also learned counsel for the opposite party no. 2 that pursuant to an agreement arrived at between the parties and a copy of which has been brought on record along with the

Patna High Court CR. MISC. No.57466 of 2019(5) dt.24-02-2020 2/3 report of the mediator dated 7.1.2020, the opposite party no. 2 is residing with the petitioner.

It is submitted by learned counsel for the petitioner that the matter having been settled and the complainant residing with the petitioner, the petitioner be enlarged on anticipatory bail.

It is submitted by learned counsel for the complainant that he hopes and expects that the petitioner would treat the complainant in a manner as reflected in the compromise petition dated 6.1.2020. It is further submitted that the other cases filed by both the parties are also pending and it is expected that they would not be pursuing the matters in view of the agreement and would finally take steps and withdraw the same on completion of six months, as provided in the compromise dated 6.1.2020. Having heard learned counsel for the parties and taking into consideration the above stated facts and circumstances, the Court is inclined to enlarge the petitioner on bail. The petitioner, above named, in the event of his arrest or surrender in the Court below within a period of six weeks from today in connection with Complaint Case no. 1000 of 2018 is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.57466 of 2019(5) dt.24-02-2020 3/3 amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Patna City, Patna subject to the conditions as laid down in section 438(2) of Criminal Procedure Code. (Partha Sarthy, J) Prakash/- U