Lakshman Kumar @ Laxman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67351 of 2024 Arising Out of PS. Case No.-323 Year-2023 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Lakshman Kumar @ Laxman Kumar S/O Bilat Mahto R/o Mahrail Tole, Nawlakha, P.S. Rudrapur Jhanjharpur, District- Madhubani ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Chandra Kumari D/O Audhesh Kumar Singh R/O Village and PostHarbhanga, P.S- Lakhnour (R.S. OP), Distt.- Madhubani. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Soban Asghar For the Opposite Party/s :
Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-04-2025
1. Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the O.P. No.2.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 498(A)/34 of the Indian Penal Code & Section 4 of the D.P Act.
3. Learned counsel for the parties jointly submitted that the case was referred for mediation and the mediation succeeded. It is next submitted that during the course of mediation, it was agreed in between the parties that the parties would end their relationship by way of one time settlement and the petitioner would pay an amount of Rs.1,50,000/- to the O.P.
Patna High Court CR. MISC. No.67351 of 2024(4) dt.09-04-2025 2/3 No.2 in her bank account as recorded in the mediation report at the time of final argument of the case before this court for the purposes of bail and rest Rs.1,50,000/- by way of D.D. shall be paid at the time of final adjudication of the mutual divorce petition. The learned counsel for the petitioner submits that in terms of the agreement the petitioner had to pay an amount of Rs. 1,50,000/- by today but the same has not been paid but then it is assured that the same would be paid at the time of furnishing bail bonds.
4. Learned counsel appearing on behalf of the O.P. No.2 fairly submits that the dispute is matrimonial as such if some time is granted to the petitioner the same would only help in giving effect to the mediation report.
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.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with C.R. Case No.323/2023, subject to the conditions as laid down under
Patna High Court CR. MISC. No.67351 of 2024(4) dt.09-04-2025 3/3 Section 438 (2) of the Cr.P.C.
6. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify that as to whether an amount of Rs.1,50,000/- has been credited in the account of the O.P. No.2 or not and in the event if it is found that an amount of Rs.1,50,000/- has not been credited in the account of the O.P. No.2, on the date when the petitioner furnishes his bail bonds, in that event, the present order shall not be given effect to.
(Satyavrat Verma, J) amit/- U T