Raju Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67601 of 2024 Arising Out of PS. Case No.-170 Year-2022 Thana- ISUAPUR District- Saran ====================================================== Raju Rai Son of Tribhu Rai Village- Phenahra, Ps- Taraiya, Dist- Saran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Anjali Kumari Daughter of Kalyug Rai village- Sahwan, Ps- Isuapur, DistSaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nalin Kumar, Advocate For the O.P. No.2 : Mr. Abhishek, Advocate Mr. Arvind Kumar Pandey, Advocate For the State :
Mr. Ajay Kumar No.2, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 16-06-2025 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.
2. The petitioner apprehends his arrest for the offences punishable under Sections 341, 323, 498A and 504/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
3. The petitioner is the husband and there is allegation of demand of dowry and torture.
4. It is submitted by learned counsel for the petitioner that the matter was earlier sent to the Patna High Court Mediation Center and the mediation report indicates that the parties have reached to an amicable settlement by way of
Patna High Court CR. MISC. No.67601 of 2024(5) dt.16-06-2025 2/3 memorandum of agreement dated 28.04.2025 passed in Mediation Proceeding No.392 of 2025. It has been agreed between the parties that they would live separately and a total sum of Rs.1,25,000/- (Rupees One Lakh and Twenty Five Thousand) only is to be paid by the petitioner to the opposite party no.2 as one time settlement. Out of the said amount, a cheque of Rs.60,000/- (Rupees Sixty Thousand) only was already issued in the name of opposite party no.2, which is annexed with the mediation report. However, it has been submitted on behalf of opposite party no.2 that the said cheque of Rs.60,000/- got damaged and hence he prays that another cheque of same amount be issued, to which learned counsel for the petitioner is agreed. Other terms and conditions as indicated in para-3 of the memorandum of agreement of settlement would follow.
5. In such view of the matter, a total payment of Rs.60,000/- + Rs.25,000/- = Rs. 85,000/- would be made by the petitioner to the opposite party no.2. Upon showing the proof thereof, the petitioner above named, be released on bail provisionally, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)
Patna High Court CR. MISC. No.67601 of 2024(5) dt.16-06-2025 3/3 with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Isuapur P.S. Case No. 170 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
6. The provisional bail of the petitioner shall be confirmed by the learned Court below upon payment of final installment of Rs.40,000/- to the opposite party no.2.
7. Accordingly, this application stands disposed of. (Soni Shrivastava, J) Trivedi/- U T