Dharambir Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69848 of 2023 Arising Out of PS. Case No.-1451 Year-2022 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== DHARAMBIR SAHANI S/O NARESH SAHANI VILLAGE- AMMA, PS. HATHAURI, DIST. MUZAFFARPUR (BIHAR) ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

RUBBI DEVI W/O DHARAMBIR SAHANI, D/O DINESH SAHANI R/O VILLAGE- DAKRAMA, PS. HATHAURI, DIST.- MUZAFFARPUR. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Ram Sumiran Rai Mr.Alok Kumar Alok ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner, State and complainant / opposite party no. 2.

2. The petitioner, husband of opposite party no. 2, apprehends his arrest in a complaint case punishable for the offence under Sections 341, 323, 498(A), 504/34 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.

3. Earlier, vide order dated 27.02.2024, the matter was referred to Mediation & Conciliation Centre of Patna High Court to explore the possibility of settlement between the parties and vide report dated 20.05.2024, the Mediator has reported that the dispute between the parties has been resolved amicably through the process of mediation and both parties are ready to

Patna High Court CR. MISC. No.69848 of 2023(5) dt.19-06-2024 2/2 live together, as husband & wife, and petitioner undertakes to keep opposite party no.2 with honour & dignity and both parties will withdraw cases within six months. These facts have been mentioned in Memorandum of Agreement dated 16.05.2024 attached with Mediator's report (flag 'M').

4. In view of aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail-bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., (East), Muzaffarpur in connection with Complaint Case No. 1451 of 2022 (Tr. No. 3179 of 2022), subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that petitioner shall abide by all the terms & conditions, mentioned in Memorandum of Agreement dated 16.05.2024 before the Mediation Centre, failing which, the learned Court below would be at liberty to cancel the bail-bond of the petitioner. (Prabhat Kumar Singh, J) anay U T