← Library
Patna High CourtCR. MISC./68962/2023bail granted

Sukmar Mukhiya @ Sukumar Mukhiya v. The State Of Bihar

2024-09-04Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68962 of 2023 Arising Out of PS. Case No.-1340 Year-2014 Thana- COMPLAINT CASE District- Supaul ====================================================== SUKMAR MUKHIYA @ SUKUMAR MUKHIYA SON OF PARICHHAN MUKHIYA RESIDENT OF VILLAGE- DEVIPUR, PANCHAYAT, GAMHARYA, P.S.- RAGHOPUR, DISTRICT- SUPAUL.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

SANJU DEVI WIFE OF SUKMAR MUKHIYA @ SUKUMAR MUKHIYA, DUAGHTER OF KISHUNDEO MUKHIYA RESIDENT OF HARIHARPUR, P.S.- CHHATAPUR, DISTRICT- SUPAUL. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Arun Kumar Jha, Advocate For the State :

Mr. Bhanu Pratap Singh, APP For Opposite Party No.2 :

Mr. Kumar Goutam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-09-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 323 and 498A of the Indian Penal Code.

3. At the outset, learned counsel appearing on behalf of the petitioner submits that the dispute between the parties has been settled through process of mediation. The terms of settlement mutually agreed upon by the parties and the same is kept at 'Flag-B'.

4. Learned counsel for the complainant/Opposite Party No. 2 does not dispute the aforesaid contentions.

Patna High Court CR. MISC. No.68962 of 2023(6) dt.04-09-2024 2/2

5. Considering the fact that dispute between the parties has already been resolved through the process of mediation, the prayer for grant of anticipatory bail to the petitioner is allowed.

6. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner 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 Judicial Magistrate First Class, Supaul, in connection with Complaint Case No. 1340c of 2014, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that the petitioner shall abide by all the terms & conditions, mentioned in Memorandum of Agreement dated 29.08.2024 annexed with the Mediator's report (flag 'B'), failing which, learned Court below shall be at liberty to cancel the bail-bond of the petitioner. (Prabhat Kumar Singh, J) shashank/- U T