Mukesh Kumar Thakur @Mukesh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65433 of 2023 Arising Out of PS. Case No.-620 Year-2022 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== MUKESH KUMAR THAKUR @ MUKESH THAKUR S/O DEV LAL THAKUR Resident of VILLAGE- GOBARAHI, WARD NO. 10, PS. JAYNAGAR, DIST. MADHUBANI ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

KANCHAN DEVI D/O RAM KRIPAL THAKUR Resident of VILLAGEINARBAGOTH WARD NO. 5, PS. DEODHA , DIST. MADHUBANI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

None For the Opposite Party/s :

Mr. Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-04-2024

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the opposite party no. 2.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 498(A)/34, 354 and 504/34 of the Indian Penal Code.

3. Learned counsel appearing on behalf of the opposite party no. 2 submits that the matter was referred for mediation and the dispute in between the petitioner and the opposite party no. 2 stands resolved in terms of the agreement dated 21.03.2024 before the learned Mediator. It is further submitted that the dispute stands resolved by way of one time settlement and the petitioner has agreed to pay an amount of

Patna High Court CR. MISC. No.65433 of 2023(5) dt.16-04-2024 2/3 Rs.3,60,000/-. The first installment of Rs.1,60,000/- is to be paid to the opposite party no. 2 by way of demand draft at the time of furnishing bail bonds, thereafter Rs.1,00,000/- is to be paid to the opposite party no. 2 by demand draft at the time of filing of withdrawal application in Complaint Case No. 620 of 2022 and maintenance case bearing MR No. 152 of 2022 and thereafter the last installment is to be paid at the time of decree of divorce.

4. Learned counsel for the opposite party no. 2 fairly submits that the dispute stands resolved and thus is not opposing the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or 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.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. (C.R. Case) 620 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. However, the opposite party no. 2 shall be at liberty to file an application seeking cancellation of the anticipatory

Patna High Court CR. MISC. No.65433 of 2023(5) dt.16-04-2024 3/3 bail granted to the petitioner if the petitioner does not fulfill the conditions as agreed in between him and the opposite party no. 2 on 21.03.2024 before the learned Mediator.

(Satyavrat Verma, J) Kundan/- U T