Patna High CourtCR. MISC./877/2022bail granted

Dhananjay Kumar v. The State Of Bihar

2024-07-03Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.877 of 2022 Arising Out of PS. Case No.-1519 Year-2018 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== DHANANJAY KUMAR SON OF LATE HARDEO SINGH RESIDENT OF VILLAGE- DAYA BIGHA, POST- JAGPURA, P.S- MAKHDUMPUR, DIST- JEHANABAD ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

PRIYANKA KUMAR W/O DHANANJAY KUMAR D/O NAWAL SINGH RESIDENT OF VILLAGE - DAYA BIGHA, POST- JAGPURA, P.SMAKHDUMPUR, DIST- JEHANABAD AT PRESENT RESIDENT OF VILLAGE- MAU, POST JAGPURA, P.S- TEKARI, DIST- GAYA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-07-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 498A of the Indian Penal Code.

3. Learned counsel for the petitioner submits that from perusal of the office report dated 28.06.2024, it would manifest that the same records that notice on behalf of opposite party no. 2 has been received by her family member.

4. Since notice has been received by the family member of the opposite party no. 2, hence, the same is deemed to be validly served.

Patna High Court CR. MISC. No.877 of 2022(9) dt.03-07-2024 2/3

5. Learned counsel for the petitioner submits that on intervention of well-wishers, the parties have compromised. It is next submitted that in terms of the compromise, the petitioner has to pay an amount of Rs.1 lakh to the opposite party no. 2, out of which an amount of Rs.25,000/- has been paid to the opposite party no. 2 and rest amount of Rs.75,000/- shall be paid on or before 08.08.2024.

6. Mr. Chandra Bhushan Prasad learned A.P.P. submits that no affidavit has been filed on behalf of the petitioner bringing the compromise on record on which learned counsel appearing on behalf of the petitioner submits that the submission has been made based on the instruction of the petitioner.

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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 1519 of 2018, subject to the conditions as laid down under

Patna High Court CR. MISC. No.877 of 2022(9) dt.03-07-2024 3/3 Section 438 (2) of the Cr.P.C.

8. However, the opposite party no. 2 shall be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner, if the petitioner has obtained anticipatory bail by misleading the Court.

9. The learned trial court is directed to supply a copy of this order to the learned counsel appearing on behalf of the opposite party no. 2 who has filed the complaint case. (Satyavrat Verma, J) Kundan/- U T