Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65724 of 2023 Arising Out of PS. Case No.-358 Year-2023 Thana- HILSA District- Nalanda ====================================================== Sanjay Kumar Son of Late Harendra Prasad, Resident of Village- Shalimpur, Daldali, Hazamtoli, PS- Gandhi Maidan, Dist- Patna ... ... Petitioner/s
Versus
1. The State of Bihar
2. Varsha Rani daughter of Rajiv Kumar, Resident of Mohalla Kaji Bazar, P.S. Hilsa, District Nalanda.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Singh, Advocate For the Informant :
Mr.Rajesh Kumar, Advocate For the Opposite Party/s :
Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-07-2024 Heard Mr. Manoj Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Md. Shakir Ahmad, learned APP for the State.
2. Petitioner seeks pre-arrest bail in connection with Hilsa P.S.Case No.358 of 2023 registered for the offences punishable under Sections 341, 323 and 498A/34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.
3. Learned counsel appearing on behalf of the petitioner submitted that by way of mediation, petitioner and the Opposite Party no.2, who are husband and wife, have reconciled their estrange matrimonial relationship under the terms and conditions, as agreed by them before the Mediator of this Court
Patna High Court CR. MISC. No.65724 of 2023(6) dt.12-07-2024 2/3 and have also filed a joint agreement dated 18.04.2024 today. In terms of the said agreement by which the petitioner has agreed to pay Rs.12,00,000/- to Opposite Party No.2, today the petitoner has submitted a demand draft of Rs.4 lac bearing no.036289 dated 26.04.2024, as the first instalment, which is being handed over to Mr. Rajesh Kumar, learned counsel for the Opposite Party No.2, who has accepted the same. Xerox copy of the said demand draft is kept on record.
4. Mr. Rajesh Kumar Singh, learned counsel for the petitioner has further submitted that the petitioner has given instruction that he will abide by the terms and conditions of the agreement dated 18.04.2024 and will not fail in giving rest amount on the date specified in the agreement.
5. Learned counsel appearing on behalf of O.P.no.2 has no objection.
6. Considering the aforesaid information and conduct of the petitioner, who has handed over a demand draft of Rs.4 lac, as an amount of first instalment, in the Court to the learned counsel for O.P.no.2, the petitioner is directed to be released on pre-arrest bail, in the event of his 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
Patna High Court CR. MISC. No.65724 of 2023(6) dt.12-07-2024 3/3 two sureties of the like amount each to the satisfaction of learned ACJM, Hilsa, Nalanda/concerned court in connection with Hilsa P.S.Case No.358 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C. and further condition that in case the petitioner fails to abide by the terms and conditions of the agreed terms mentioned in the memorandum of the agreement dated 18.04.2024, this order shall automatically lose its force.
(Purnendu Singh, J) chn/- U T