Tarkeshwar Kumar Giri @ Tarkeshwar Giri @ Saheb Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60462 of 2019 Arising Out of PS. Case No.-878 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== TARKESHWAR KUMAR GIRI @ TARKESHWAR GIRI @ SAHEB GIRI Son of Mali Giri Resident of Village - Semra Belwatiya, P.S.- Turkauliya, Distt. - East Champaran.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sudha Kumari Wife of Tarkeshwar Kumar Giri @ Tarkeshwar Giri @ Saheb Giri, D/o Harendra Giri At present Resident of Village - Paharpur, P.S.- Paharpur, Distt. - East Champaran.

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-11-2019 Heard both sides.

The petitioner apprehends his arrest in Trial No.2426 of 2019 arising out of Complaint Case No.C-878 of 2019 registered under Sections 498A, 34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

The learned counsel for the petitioner submits that before institution of the case, the complainant accepted the resolution of the dispute by way of one time settlement and received Rs.2,85,000/-. Even thereafter the complainant filed this case.

Learned counsel for the complainant is present in

Patna High Court CR. MISC. No.60462 of 2019(3) dt.16-11-2019 2/2 Court.

Taking into consideration the fact that husband and wife resolved their dispute by way of one time settlement and the wife has already received Rs.2,85,000/- from her husband, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sadar, East Champaran, Motihari in connection with Trial No.2426 of 2019 arising out of Complaint Case No.C-878 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T