Radhe Shyam Giri v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21155 of 2017 Arising Out of PS. Case No.-395 Year-2016 Thana- GHORASAHAN District- East Champaran ====================================================== Radhe Shyam Giri Son of Brahmdeo Giri, Resident of Village- Bhelwa, Police Station- Ghorasahan, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Priyanka Devi W/o Radhe Shyam Giri Resident of Village- Bhelwa, P.S.- Ghorasahan, District- East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Singh, Advocate For the State :

Mr. Anant Kumar, APP For opposite party No.2 :

Mr. Ajay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No.2. The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 504, 498A and 506 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. The matter was referred to the Mediation Centre, Patna High Court by order dated 24.8.2017. As per the Mediation report, the following is the report of the Mediator : "Both parties are agree to to settle the dispute with the consent and sweet will on basis of the following terms and conditions;

1. That the opposite party No.2, Priyanka Devi is living with her husband and there is no dispute.

2. That the husband i.e. petitioner agree to

Patna High Court Cr.Misc. No.21155 of 2017(5) dt.17-10-2017 2/2 keep his wife with full honour and dignity. He also assured that he will fulfil all requirements to his wife.

3. That both parties will not claim anything against each other.

4. That the opposite party No.2 has given her consent that this agreement will become applicable after one year.

5. That the aforesaid contents of the agreement have been read over and explained into Hindi, which have fully been understood and accepted by the parties.

Considering the report of the Mediator, let the petitioner, above named, in the event of arrest/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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 12th Additional Chief Judicial Magistrate, East Champaran at Motihari in connection with Ghorasahan Police Station case No.395 of 2016 (G.R. case No.975 of 2016), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/- (Sudhir Singh, J) U T