Sulekha Devi And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17481 of 2017 Arising Out of PS.Case No. -286 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Sulekha Devi, W/o Ashok Kumar @ Ashok Vishwakarma

2. Rinki Devi D/o Ashok Kumar @ Ashok Vishwakarma

3. Ashok Kumar @ Ashok Vishwakarma S/o late Lakhan Vishwakarma All 1 to 3 are resident of Mohalla- Manpur Kirani Ghat, P.S. Kotwali, District- Gaya.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Manju Devi D/o Shyam Sundar Vishwakarma Resident of VillageTaregana Gola Road, P.S. Masaurhi, District- Patna, at Presently residing at Jai Prakash Nagar, P.S. Jakkanpur, District- Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Kumar Sinha For the Opposite Party/s : Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Compliant Case no. 286 (C) of 2016, registered under Sections 498(A), 406 and 420/34 of the Indian Penal Code and Section 3, 4 and 5 of the Immoral Traffic Act.

The accusation is of torturing of the complainant by her husband and other in-laws due to non-fulfillment of demand of dowry and also removing her from matrimonial house after snatching her personal belongings.

Learned counsel for the petitioners and O.P.No.2 submits that the matter was referred to the Mediation Centre, Patna High

Patna High Court Cr.Misc. No.17481 of 2017 (4) dt.24-08-2017 2/2 Court, where dispute between the parties has been settled. It would appear from the Mediator's report dated 02.08.2017 that parties have settled their dispute on payment of Rs. 1,00,000/- in installments as permanent alimony and goods, articles, cloths etc. shall be returned by the petitioners to the O.P. No.2. Further submission is that petitioners handed over bank draft of Rs. 65,000/- along with the articles to O.P. No.2 and petitioners are ready to pay Rs.35,000/- by way of bank draft to O.P. No.2, but she is creating dispute about return of brass utensils, which is not available in the house of the petitioner. Learned counsel appearing on behalf of O.P. No.2 fairly submits that by way of one time settlement O.P. No.2 has already received Rs. 65,000/- out of Rs. One Lakh and some articles were also taken from her matrimonial house, but some articles are still there, which was not returned by the petitioner.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four 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 the Judicial Magistrate, 1st Class, Patna in connection with Complaint Case No. 286(C) of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T