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Patna High CourtCR. MISC./59095/2019bail granted

Vipul Kumar v. The State Of Bihar

2022-05-10Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59095 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== VIPUL KUMAR Son of Late Radha Charan Kanth Resident of Flat No. -4, Block- A, Shivam Enclave, Near Udyan Hospital, West Boringt Canal Road, P.S.- Shrikrishnapuri, District- Patna. Presently Residing at Bank of Maharashtra, Officers Colony, Sarv Mangal Bhawan, 39 A and C, Flat No. -2 C, Second Floor, Purna Das Road, Near Triangular Park, Kolkata-29 ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Priya Kumari Wife of Vipul Kumar and Daughter of Shri Dev Kumar Resident of Bhachi, P.O.- Bhachi, P.S.- Madhubani, District- Madhubani, present Address- C/o- Late Vinay Kumar Singh, Mohalla- Rupaspur, P.S.- Rupaspur, District- Patna.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Jagjit Roshan For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-05-2022 Heard learned counsel for the petitioner as well as learned counsel for the O.P. No. 2.

The petitioner apprehends his arrest in connection with Complaint Case No. 02 (C) of 2019, registered for the offences punishable under sections 498 (A), 323, 504 and 34 of the Indian Penal Code.

A joint compromise petition has been filed, duly signed by the petitioner, Vipul Kumar and opposite party No. 2 Priya Kumari, identified by the respective lawyers. As per terms and conditions of the compromise petition, the dispute was settled on payment of Rs. 14,00,000/- (Rupees Forteen Lakh) by the petitioner (husband) to

Patna High Court CR. MISC. No.59095 of 2019(15) dt.10-05-2022 2/2 opposite party No. 2 Priya Kumari as a one time full and final settlement. In addition thereof Rs. 1,40,000/- (Rupees One Lakh Forty Thousand) is also to be paid by the petitioner to the O.P. No. 2 for the ornaments which are under custody of the petitioner. A demand draft of Rs. 2,40,000/- (Rupees Two Lakh Forty Thousand), bearing DD No. 031321 dated 09.05.2022, issued by Bank of Maharashtra, Kankarbagh, Patna was handed over to the O.P. No. 2. Rest amount of Rs. 13,00,000/- (Rupees Thirteen Lakh) was agreed to be paid within a period of three months from the date of filing of the compromise petition.

Both the parties were agreed to file a petition for dissolution of the marriage on mutual consent within one month of full and final payment of the amount. Despite this fact, the O.P. No. 2 also undertakes to withdraw the Complaint case No. 02 (C) of 2019 and Maintenance Case No. 269 (M) of 2019, preferably within one month of full and final settlement of the amount. Considering the fact that both the parties have compromised their dispute, the provisional bail granted to the petitioner, vide order dated 18.09.2019, is hereby confirmed. (Nawneet Kumar Pandey, J) SONALI/- U T