Dr. Aashish Kumar Singh @ Ashish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66182 of 2023 Arising Out of PS. Case No.-482 Year-2021 Thana- GARDANIBAG District- Patna ====================================================== Dr. Aashish Kumar Singh @ Ashish Kumar Singh Son Of Danteshwar Singh Resident Of - 2/172, G.D. Mishra Path, New Patliputra Colony, P.S. - Sri Krishnapuri, District - Patna, Bihar ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Neha Rani Wife Of Dr. Aashish Kumar Singh, D/O. Rajkumar Singh Resident Of - 6d, Chatterjee Lane, House No.A/4, P.S. - Gardanibagh, District - Patna, Bihar, Pin-800001 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nilanjan Chatterjee For the Opposite Party/s :

Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-05-2024 1.

Heard learned counsel for the petitioner, learned A.P.P. for the State along with learned counsel for the OP No 2. 2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 379 and 498A of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

3.

The learned counsels for the parties jointly submitted that the case was referred for mediation and the mediation proceedings succeeded and the dispute in between the petitioner and the OP no. 2 was resolved whereby the petitioner was ready to pay an amount of 17 lakhs to the OP no. 2 by way of one-time settlement.

2/4 4.

The learned counsel for the OP No. 2 submits that in the mediation proceedings, no time limit was fixed for making that payment on which the learned counsel appearing on behalf of the petitioner submits that the entire payment would be made within a period of six months from today. 5.

Learned counsel for the petitioner submits that at the time of surrender, petitioner will pay an amount of Rs. 2 lakhs and rest of Rs. 15 lakhs would be paid thereafter. 6.

The learned counsel appearing on behalf of the OP No. 2 on instruction submits that since petitioner has agreed to abide by the settlement arrived at in between him and the OP no. 2 in presence of learned Mediator as such his anticipatory bail application is not being opposed.

7.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Gardanibagh P.S. Case No. 482 of 2021, subject to the

3/4 conditions as laid down under Section 438 (2) of the Cr.P.C. 8.

However, it is made clear that in the event if on the date of surrender the petitioner is not able to satisfy the learned trial court that an amount of Rs. 2 lakhs has been paid on or before the date of surrender in that event the present order shall not be given effect to but if petitioner satisfies the learned trial court that he has paid the amount of Rs. 2 lakhs on or before the date of surrender in that event his provisional bail bonds shall be accepted.

9.

It is further made clear that in the event if the petitioner does not pay the rest of Rs. 15 lakhs on or before 1811-2024 in that event the learned trial court shall forthwith cancel the provisional bail bonds of the petitioner but if the amount of Rs. 15 lakhs is paid on or before 18-11-2024 then the provisional bail bonds of the petitioner shall be confirmed on the same terms and conditions.

10.

At this stage, the learned counsel for the OP No. 2 submits that he has already furnished the bank account details of the OP No. 2 to the learned counsel for the petitioner, on which the learned counsel for the petitioner submits that he will communicate the bank account number of the OP No. 2 to the petitioner so that the amount as agreed is credited.

4/4 11.

The learned counsel for the OP No. 2 further submits that in the event if the entire amount as agreed is paid, the OP No. 2 shall withdraw the instant criminal case on which the learned counsel for the petitioner also submits that even the petitioner will withdraw all the criminal cases filed by him against the OP No. 2.

(Satyavrat Verma, J) SUMIT/- U T