Sanjay Sahni v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34430 of 2015 Arising Out of PS.Case No. -68 Year- 2012 Thana -CHAUSA District- MADHEPURA ======================================================
1. Sanjay Sahni S/o Late Natho Sahni R/o Village - Balha, P.S. - Dandari, District - Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sanjo Devi W/o Sanjay Sahni, D/o Satya Narayan Choudhary R/o Village - Bawanpura Basa, P.S. - Chowsa, District - Madhepura. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Sinha For the Opposite Party/s : Mr. Md. Ansarul Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-04-2017 Heard learned counsels for the petitioner, informant and the State.
The petitioner being husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 341,323,504,498A and 494/34 of the Indian Penal Code.
The basic accusation is of torture and performance of second marriage.
It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the informant on 10.12.2003.
On joint prayer of the parties, this court vide order dated
Patna High Court Cr.Misc. No.34430 of 2015 (7) dt.07-04-2017 2/3 17.1.2017 referred the matter to the Mediation and Conciliation Centre of the State Legal Services Authority. The report of the Mediator dated 9.2.2017 at Flag - B reflects that the issue has been reconciled between the parties and both sides have decided to part ways. The petitioner agreed to make payment of Rs.1,11000/- to the informant in four installments within one year. The payment of first installment has been made on 6.3.2017, thereafter the next installments will be paid on 6.6.2017, 6.9.2017 and 6.12.2017 respectively. The aforesaid amounts are to be paid by depositing in the bank account no. 35551466134 of the informant and the parties also agreed to get the cases pending between the parties before the learned court below, disposed of.
Learned counsel for the O.P. No. 2 does not controvert the above contention of learned counsel for the petitioner and admits that the first installment of agreed amount has been received by the O.P. No. 2, hence he is not opposing the prayer of the petitioner for anticipatory bail.
Considering the present stand of the parties, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each
Patna High Court Cr.Misc. No.34430 of 2015 (7) dt.07-04-2017 3/3 to the satisfaction of learned JM Ist Class, Udakisunganj, Madhepura, in connection with Chausa P.S. Case No. 68 of 2012 subject to the conditions as laid down under Section 438(2) Cr.P.C.
Let a copy of this order along with the report of Mediator and a copy of the terms of agreement be transmitted to learned court below.
Either party will be at liberty to file appropriate application before the learned court below in case of violation of the terms of agreement arrived at in between the parties. (Dinesh Kumar Singh, J) Anil/- U T