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Patna High CourtCR. MISC./57659/2019bail granted

Nilesh Kumar v. The State Of Bihar

2020-03-05Mr. Justice Hemant Kumar Srivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57253 of 2019 Arising Out of PS. Case No.-562 Year-2018 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== 1.

Ram Pravesh Thakur, Son of Late Ram Chandra Resident of VillageNarayanpur P.S.-Kako, District-Jehanabad. 2.

Saroj Devi Wife of Ram Pravesh Thakur Resident of Village-Narayanpur P.S.-Kako, District-Jehanabad.

... ... Petitioners

Versus

1.

The State of Bihar 2.

Sonika Kumari Wife of Nilesh Kumar Daughter of Baban Thakur Resident of Village-Kinduee P.S.-Paras Bigha, District-Jehanabad. ... ... Opposite Parties ====================================================== with CRIMINAL MISCELLANEOUS No. 57659 of 2019 Arising Out of PS. Case No.-562 Year-2018 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Nilesh Kumar, Son of Ram Pravesh Thakur Resident of Village - Narayanpur, P.S.- Kako, Dist.- Jehanabad.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Sonika Kumari Wife of Nilesh Kumar, d/o Baban Thakur Resident of Village - Kinduee, P.S.- Paras Bigha, Dist.- Jehanabad. ... ... Opposite Parties ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 57253 of 2019) For the Petitioner/s :

Mr. Paras Nath For the Opposite Party/s :

Mr. Zainul Abedin (In CRIMINAL MISCELLANEOUS No. 57659 of 2019) For the Petitioner/s :

Mr. Paras Nath For the Opposite Party/s :

Mr. Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-03-2020 Heard learned counsel appearing for the petitioners as well as learned Additional Public Prosecutor for the State.

Patna High Court CR. MISC. No.57253 of 2019(4) dt.05-03-2020 2/3 Both the above stated petitions have arisen out of Complaint Case No.562 of 2018 for the offence punishable under Section 498(A) of the I.P.C.

Petitioners of Cr. Misc. No.57253 of 2018 are parentsin-law of the complainant whereas petitioner of Cr. Misc. No.57659 of 2019 is the husband of the complainant. The record goes to show that the dispute of the parties was sent to Mediation Centre, Patna High Court, Patna where both the parties resolved their dispute by their mutual consent and an agreement on 21.11.2019 was executed between the parties.

In view of the aforesaid facts as well as submissions of the parties, these anticipatory bail petitions are allowed and it is ordered that all the above petitioners, in the event of their arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri P. K. Bharti, learned Judicial Magistrate, 1st Class, Jehanabad in connection with Complaint Case No.562 of 2018, subject to conditions as laid down under Section 438(2) of the Cr.P.C. However, it is made clear that if the petitioners violate

Patna High Court CR. MISC. No.57253 of 2019(4) dt.05-03-2020 3/3 the terms and conditions, the complainant shall be at liberty to make prayer before the learned lower Court for cancellation of bail of the petitioners.

(Hemant Kumar Srivastava, J) vikash U T