Asish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65504 of 2022 Arising Out of PS. Case No.-396 Year-2022 Thana- BUXAR District- Buxar ====================================================== ASISH KUMAR S/o Manoj Kumar Varma R/o - Nai Bazar, P.S.- Buxar (Town), Distt- Buxar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar, Advocate For the Opposite Party/s :

Mr. Shaheen Begum, APP For the OP 2 :

Dr. Kamal Deo Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-05-2024 Heard learned counsel for the parties.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 406, 420 and 34 of the Indian Penal Code.

3. It is submitted on behalf of the petitioner that dispute between the parties has been resolved through the process of mediation vide mediation report dated 15.03.2024.

4. Here, it is relevant to mention that earlier, vide order dated 29.01.2024, with consent of the parties, the matter was referred to Mediation & Conciliation Centre of Patna High Court to explore the possibility of settlement between the

Patna High Court CR. MISC. No.65504 of 2022(7) dt.13-05-2024 2/3 parties, which has been resolved, vide report of the Mediator, kept at flag ' M '.

5. Learned counsel for both the parties submit that the dispute between the parties has been resolved amicably through the process of mediation and both the parties agreed that total sum of Rs. 2,35,000/- will be paid by petitioner to the opposite party no. 2 as one time settlement amount and in compliance to the memorandum of agreement dated 15.03.2024 petitioner has paid Rs. 40,000 through demand draft bearing no. 195830 of Punjab National Bank Pandeypatti, PO. Naibazar, (Buxar) Bihar-802101 in favour of opposite party no. 2 and handsover the same to the counsel for opposite party no. 2 on 13.05.2024 in the Court room itself.

6. 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 C.J.M., Buxar in connection with Buxar town P.S. Case No. 396 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition to the petitioner shall abide by all the terms & conditions, mentioned

Patna High Court CR. MISC. No.65504 of 2022(7) dt.13-05-2024 3/3 in Memorandum of Agreement dated 15.03.2024 before the Mediation Centre, failing which, learned Court below shall be at liberty to cancel the bail-bond of the petitioner. (Prabhat Kumar Singh, J) Koushik/AnkitU T