Patna High CourtCR. MISC./18749/2017bail granted

Rajesh Kumar Dwivedi v. State Of Bihar And ANR

2017-12-01Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.18749 of 2017 (9) dt.01-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18749 of 2017 Arising Out of PS.Case No. -211 Year- 2014 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rajesh Kumar Dwivedi, son of Sri Gopal Dwivedi, Resident of VillageSiswa Kharar, P.S. Kalyanpur, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Amrita Devi, wife of Rajesh Kumar Dwivedi. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-12-2017 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. 211 of 2014, registered under Sections 498A, 379 and 307 of the Indian Penal Code and Section 3/7 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that on the joint prayer of the learned counsel for the petitioner and the learned counsel for the complainant-opposite party no. 2, the matter was referred to the Mediation Centre, Patna High Court, where both parties appeared and settled their dispute in terms of one time settlement and decided to live separately in terms that Rs.3,00,000/- will be paid by the petitioner to complainant-

Patna High Court Cr.Misc. No.18749 of 2017 (9) dt.01-12-2017 opposite party no. 2 in six installments, as detailed in the agreement dated 21.11.2017, which is the part of Mediator's Report dated 23.11.2017. Accordingly, Rs.30,000/- has been paid today and rest amount in further five installments is to be paid till 14.08.2017 in the court below and both parties will withdraw their cases pending in between them.

Learned counsel for the complainant-opposite party no. 2 has no objection in allowing the pre-arrest bail of the petitioner.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, 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. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-XII, East Champaran at Motihari, in connection with Complaint Case No. 211 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T