Nitish Kumar @ Rajan Babu @ Nitish Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65297 of 2023 Arising Out of PS. Case No.-2703 Year-2022 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== NITISH KUMAR @ RAJAN BABU @ NITISH SINGH son of Gupteshwar Singh @ Jhuna Singh Village- Chirand Po- Chirand Ps- Doriganj Dist- Saran at Chapra ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rasna Kumari @ Nilu @ Rasna Kumari Singh wife of Nitish Kumar @ Rajan Babu @ Nitish Singh, D/o- Chandra Bhushan Singh P/A- Hathsarganj Anjaanpir Ps- nagar Ps- Hajipur at Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar For the Opposite Party/s :
Mr.Abhay Kumar Roy Mr. Prakash Chandra, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-05-2025 1.
Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the OP No. 2.
2.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code.
3.
Learned counsel for the parties jointly submitted that the case was referred for mediation and the mediation has succeeded with certain conditions.
4.
Learned counsel appearing on behalf of the petitioner submits that petitioner will not violate the conditions
Patna High Court CR. MISC. No.65297 of 2023(9) dt.02-05-2025 2/3 of Mediation and in the event if the petitioner violates the condition of mediation in that event the anticipatory bail of the petitioner shall be liable to be cancelled.
5.
Learned counsel appearing on behalf of the OP No. 2 also does not object to the said submission of the learned counsel appearing on behalf of the petitioner. Learned counsel appearing on behalf of the OP No. 2 next submits that in the mediation proceeding, the dispute was resolved by way of one time settlement as the petitioner agreed to pay an amount of Rs. 15 lakh. It is also submitted that the manner in which Rs. 15 lakh is to be paid has also been recorded by the learned Mediator. It is next submitted that Rs. 5 lakh has been paid and another Rs. 5 lakh shall be paid at the time of furnishing bail bonds and the last installment of Rs. 5 lakh shall be paid on the date when the order in the divorce case by mutual consent shall be passed.
6.
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 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.65297 of 2023(9) dt.02-05-2025 3/3 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 2703 of 2022, subject to the conditions as laid down under Section 482 (2) of the BNSS.
7.
It is made clear that if the petitioner violates any of the conditions of the mediation proceeding, in that event the OP No. 2 shall be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner. (Satyavrat Verma, J) SUMIT/- U T