Rajesh Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77869 of 2018 Arising Out of PS. Case No.-22 Year-2014 Thana- COMPLAINT CASE District- Araria ====================================================== 1.

Rajesh Paswan, Son of Prithvi Chand Paswan, Resident of Village Sursar Parsa P.S. Narpatganj, Distt. - Araria 2.

Rubi Devi, Wife of Rajesh Paswan, Daughter of Dinesh Paswan, Resident of Village Khabdah Kanhaili, P.

... ... Petitioner/s

Versus

State of Bihar and Anr ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-07-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 22C of 2014, disclosing offence under Section 498A of the Indian Penal Code. Case is under Section 498-A of IPC.

On appearance of the opposite party no. 2, the matter was referred to the District Mediation Center, Araria. The report of Mediator is available on record at Flag "A" which disclosed that both the parties agreed to live separately and petitioner shall pay Rs.50,000/- to the opposite party no.2 and Rs.50,000/- to her daughter and that amount will be paid in three installments and first installment by 22.07.2019, second installment by 22.08.2019 and third installment by 22.09.2019.

Patna High Court CR. MISC. No.77869 of 2018(5) dt.31-07-2019 2/2 Learned counsel for the petitioner and learned counsel for the opposite party no.2 have admitted the above facts. On the other hand, opposite party no.2 has submitted that he has received the first installment as per the agreement and second the third installments are still due and will be paid by 22.08.2019 and 22.09.2019 respectively.

Having heard both sides, considering the above facts and circumstances, as stated above, let the petitioner be enlarged on provisional bail for a period of two months and during that period, if the petitioner shall pay the above second and third installments as per the agreement between them, the bail bonds of the petitioner shall be confirmed, otherwise, the court below is free to pass any order, which he may deem fit and proper. Let a copy of Mediator's report along with terms of agreement be sent to the court concerned for needful. With the aforesaid observations, this application is disposed of.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T