Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66241 of 2024 Arising Out of PS. Case No.-707 Year-2022 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== Pawan Kumar S/O Umesh Prasad Singh R/O Village- Chikmari, P.S- Mufassil Katihar, P.O- Siraniyan, Distt.- Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Poonam Devi W/O Pawan Kumar R/O Vill.- Chilmari, P.S- Mufassil Katihar, P.O- Siraniyan, Distt.- Katihar. Presently residing at- D/O Nagendra Singh, Village- Majrohi Urf Sahriya, P.S- Sahdei (O.P. Desari), Distt.- Vaishali.

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Adv.

For the State :

Mr. Bishweshwar Ram, APP.

For the Complainant :

Mr. Satya Prakash Sinha, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 14-05-2025 The petitioner and the complainant have appeared along with their respective counsels in Chambers proceedings.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 498A, 354, 354B, 313, 307, 406, 323, 506, 379 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. However, later on, the cognizance has been taken under Sections 498A, 323, 506 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act against the petitioner.

3. The instant case arises out of the complaint filed by the

2/4 complainant, wife of the petitioner, alleging therein that there was demand of dowry and the consequent torture upon her.

4. After a brief interaction with learned counsels appearing for the parties and also with the parties who are present in person and giving them some time to reflect and discuss with each other, with the efforts of the learned counsels appearing for the parties, the parties have been able to come with a proposal of one time settlement between them on the payment of a total amount of Rs. 7,00,000.00/- (Rupees Seven Lakhs) by the petitioner to the complainant. It is, however, further submitted on behalf of the petitioner that the petitioner would give sometime to arrange for the amount.

5. Learned counsel appearing for the complainant and the complainant herself have no objection to the aforesaid.

6. In that view of the matter, with consent of both the parties, the matter is settled at Rs. 7,00,000.00/- (Rupees Seven Lakhs) as one time settlement. However, at the time of furnishing of the bail bonds, the petitioner would show the receipt/deposit of Rs. 2,00,000.00/- (Rupees Two Lakhs) out of total Rs. 7,00,000.00/- (Rupees Seven Lakhs). The rest amount of Rs. 5,00,000.00/- (Rupees Five Lakhs) shall be paid by the petitioner to the complainant within four months thereafter in

3/4 installments.

7. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on provisional bail for a period of six months, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Vaishali Complaint Case No. 707 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

8. After full and final payment of Rs. 7,00,000.00/- (Rupees Seven Lakhs) within the agreed period of time, the provisional bail of the petitioner will be confirmed by the learned Court below.

9. However, it is made clear that if the entire payment is not made within the stipulated period, then the learned Court below would be free to cancel the bail bonds of the petitioner.

10. It goes without saying that since the payment of Rs. 7,00,000.00/- (Rupees Seven Lakhs) is towards full and final settlement of grievances between the parties, hence, once the final payment of Rs. 7,00,000.00/- (Rupees Seven Lakhs) is

4/4 made, the complainant is directed to withdraw all the cases filed against the petitioner including the maintenance case.

11. Accordingly, the application stands disposed of. (Soni Shrivastava, J) divyanshi/- U T