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Patna High CourtCR. MISC./59052/2019disposed

Upendra Kumar Singh @ Upendra Singh @ Munna v. The State Of Bihar

2021-08-09Mr. Justice Ashutosh Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59052 of 2019 Arising Out of PS. Case No.-19 Year-2019 Thana- MAHILA P.S. District- Sheohar ====================================================== UPENDRA KUMAR SINGH @ UPENDRA SINGH @ MUNNA, Son of Ram Sakal Singh Resident of Village - Bhirbi Nagar Ward No.- 15, P.S.- Sheohar, District - Sheohar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Prakash Dwivedi For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-08-2021 Heard Mr. Jitendra Kumar, learned advocate for the petitioner and Mr. Ajay Kumar Singh, learned counsel for the informant. The State is represented by learned APP.

The petitioner seeks bail in anticipation of his arrest in connection with Mahila (District - Sheohar) P. S. Case No. 19 of 2019, dated 22.05.2019 (G. R. No. 444 of 2019, instituted for the offences under Sections 498 (A), 323, 313 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961. He is the husband of the informant.

2/4 This matter was first heard on 19.09.2019 and the records of this case was sent to the Patna High Court Mediation Centre for settlement of dispute between the parties.

The petitioner was given interim reprieve.

On 04.03.2020, this Court was apprised that the mediation has failed. However, it was urged on behalf of the informant that she was ready to live with her husband and mother-in-law.

The Court was also assured by the parties that since the mediation has failed because of their noncooperation, every effort shall now be made by the parties to cooperate in the mediation proceeding. In the meanwhile, this Court has been informed, that there has been an out of Court settlement between the spouses / parties and now all the disputes have been redressed. A compounding petition has also been filed before the court below indicating that the parties are ready to settle their differences by way of

3/4 one time settlement with the condition that all the cases from either side would be withdrawn or compounded. In this view of the matter, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sheohar, in connection with Mahila (District - Sheohar) P. S. Case No. 19 of 2019, dated 22.05.2019 (G. R. No. 444 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

It is expected that the parties shall adhere to their promises and shall withdraw all cases against each other so that they begin their lives afresh without any strings attached to the earlier dispute between the man

4/4 and wife.

The petition stands disposed off accordingly. (Ashutosh Kumar, J) skm/- U T