Rajesh Thakur @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61816 of 2019 Arising Out of PS. Case No.-78 Year-2017 Thana- MAHILA P.S. District- Bhagalpur ====================================================== RAJESH THAKUR @ RAJESH KUMAR Son of Bachneshwar Thakur Resident of Village-Rangra, P.S.-Rangra, District-Bhagalpur at present residing at Shivpuri Colony, Chhotiline (Chhoti Railway Line), P.STilkamanjhi, District-Bhagalpur. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Madhu Thakur Wife of Rajesh Thakur Resident of Village-Rangra, P.SRangra, District-Bhagalpur at present residing at Shivpuri Colony, Chhoti Railway Line, P.S-Tilkamanjhi, District-Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Samrendra Kumar Jha For the Opposite Party/s :

Mr.Pravin Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Mahial P.S.Case No.78/17 registered for offences punishable under Sections 323, 341, 498(A), 504/34 of the Indian Penal Code.

Case is under Section 498A of the IPC. Petitioner happens to be husband of the informant and there is allegation of demand and torture as well as ousting her from the house. It appears that on appearance of the O.P.no.2, the matter was referred to the Meditation Centre and the report of the Mediator is available at flag 'X', which discloses that the dispute between the parties

Patna High Court CR. MISC. No.61816 of 2019(3) dt.20-11-2019 2/3 has been resolved thorough process of the mediation on the terms and condition as mutually agreed upon by them that first party Rajesh Thakur is agree to took all the care of his sons aged about 15 years and 11 years and he will keep them in good school and take all responsibility and meal expenses of their children and time to time boys will also visit to their father and their mother .

Heard both sides. They have admitted the above settlement between the parties with respect to the sons but there is nothing mentioned regarding dispute between the parites. Submission of the learned counsel for the petitioner is that a divorce petition is already pending before the court of the Principal Judge, Family Court, Bhagalpur.

Heard learned APP and the learned cousnel for the informant.

Having heard both sides and in view of the facts and circumstances, as stated above, and as there was some development before the mediator this application is disposed of with direction to the petitioner to surrender before the learned court below and on surrender he will be released on bail in connection with Mahila P.S.Case No.78 of 2017 on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two

Patna High Court CR. MISC. No.61816 of 2019(3) dt.20-11-2019 3/3 sureties of the like amount each to the satisfaction of the learned SDJM, Bhagalpur, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. It is expected that O.P.o.2 shall appear before the learned Principal Judge, Family Court, Bhagalpur in the Divorce Suit No.190 of 2019 so that the learned Principal Judge, Family Court, Bhagalpur may take an effort for one time settlement between the parties or to any other amicable settlement. Let a copy of this order be sent to the learned Principal Judge, Family court, Bhagalpur.

With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T