Mani Bhushan Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47392 of 2014 Arising Out of PS.Case No. -46 Year- 2014 Thana -MAHILA P.S. District- MUZAFFARPUR ====================================================== Mani Bhushan Kumar S/o Hasikesh Thakur R/o Village - Dhobgama, P.S. - Pusa, District - Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Swastika, D/o Uma Kant Rai (Pralayankar), Gram Mishra Tola Ganipur, P.S. - Kajimohamadpur, District - Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. C.Sen Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06/ 01-12-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

The basic accusation is of torture for nonfulfillment of the dowry demand.

Patna High Court Cr.Misc. No.47392 of 2014 (6) dt.01-12-2015 2/3 On the joint prayer of the matter the matter was referred to the Mediation Centre. The report of the Mediator dated 03.07.2015 at Flag 'B' suggests that the issue has been resolved between the parties.

The petitioner and the informant are present in the Court.

The order dated 08.10.2015 reflects that the petitioner undertook to take the informant to the place of his employment at Gurgaon on 12th October, 2015 to keep her as wife with dignity and honour.

Counsels for the parties have filed a joint affidavit that the issue has been resolved and the informant is residing with the petitioner and is not opposing the prayer for anticipatory bail of the petitioner. Both sides agree to have file appropriate application for withdrawal/compromise of the present case as well as matrimonial suit.

In the circumstances, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional

Patna High Court Cr.Misc. No.47392 of 2014 (6) dt.01-12-2015 3/3 Judicial Magistrate (East), Muzaffarpur in connection with Mahila P.S. Case No. 46 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (Dinesh Kumar Singh, J.) U T