Patna High CourtCR. MISC./62747/2022bail granted

Jay Prakash Bind @ Jay Prakash Kumar v. The State Of Bihar

2023-07-20Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62747 of 2022 Arising Out of PS. Case No.-526 Year-2021 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== JAY PRAKASH BIND @ JAY PRAKASH KUMAR SON OF MURAHU BIND R/O VILLAGE- SARAIYA, P.S.- BELAW, DISTRICT- KAIMUR (BHABUA) ... ... Petitioner/s

Versus

The State of Bihar 2.

SARITA KUMARI WIFE OF JAY PRAKASH BIND, D/O RAMBELAS BIND AT PRESENT R/O VILLAGE- RUYIYA MAHUABARI TOLA, P.S.- BHABUA, DISTRICT- KAIMUR (BHABUA) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP Mr. Saroj Kumar Sharma, Advocate Ms. Kiran Kumari Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2023

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

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 petitioner submits that the relationship between the petitioner and the complainant has soured to an extent that it is not possible to revive the matrimonial relationship, it is next submitted that petitioner is

Patna High Court CR. MISC. No.62747 of 2022(10) dt.20-07-2023 2/3 willing for a one time settlement and is ready to pay an amount of Rs. 3,00,000/- by way of one time settlement within a period of four months from today.

4. The learned counsel for the complainant on instruction submits that even the complainant is not willing to accompany the petitioner but is ready for one time settlement and in the event, if the amount of Rs. 3,00,000/- is paid by the petitioner within the time stipulated in that event, the complainant will withdraw the present case and will also file an application before the learned family court seeking divorce by mutual consent.

5. Learned counsel for the petitioner submits that even the petitioner will withdraw all the cases filed against the complainant and her family members.

6. Learned counsel for the complainant submits that she will WhatsApp the bank account number of the complainant on the WhatsApp number of the learned counsel for the petitioner and the learned counsel for the petitioner undertakes to forward the same to the petitioner so that he pays the amount by way of one time settlement as agreed.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the

Patna High Court CR. MISC. No.62747 of 2022(10) dt.20-07-2023 3/3 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. 5,000/- (Rupees Five 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 Complaint Case No. 526 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. However, it is made clear that in the event, if the amount as agreed by the petitioner is not credited in the account of the complainant by 21.11.2023, in that event the complainant will be at liberty to file an application before this Court seeking cancellation of anticipatory bail granted to the petitioner. It is further made clear that if the amount as agreed is credited in the account of the complainant by 21.11.2023 in that event, both petitioner and the complainant shall withdraw all the cases filed against each other and as agreed they will seek divorce by mutual consent.

(Satyavrat Verma, J) Adnan/- U T