Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64979 of 2022 Arising Out of PS. Case No.-742 Year-2022 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== AMIT KUMAR Son of Devendra Mahto Resident of village - Mausadpur, P.S.- Barauni, District - Begusarai ... ... Petitioner

Versus

1.

The State of Bihar 2.

Guriya Kumari Wife of Amit Kumar Daughter of Ramashish Rai, Resident of village - Ramnagar, P.S.- Muffasil (Lakho O.P.), District - Begusarai. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

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

Ms. Pushpa Sinha, APP Ms. Prishu Shahil, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner, learned counsel for the O.P. No.2 and learned A.P.P. for the State.

2. The petitioner in the present case is seeking prearrest bail in connection with Complaint Case No. 742C of 2022 registered for the offences punishable under Sections 406, 498A and 323 of the Indian Penal Code. He has got no criminal antecedent.

3. Earlier, the matter was referred to the mediation center attached to this Court for finding out an amicable settlement of the matrimonial dispute between the parties.

4. A mediation report has been received and the same is at Flag/M from which it appears that the parties have settled

Patna High Court CR. MISC. No.64979 of 2022(5) dt.13-12-2023 2/3 their disputes amicably and both of them are now living together with the minor daughter.

5. Learned counsel for the petitioner as well as learned counsel for the O.P. No.2 have made joint statement that both the parties are living together.

6. Having regard to the facts and circumstances of the case and taking note of the amicable settlement of the matter, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named be released on bail in connection with Complaint Case No. 742C of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Begusarai subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of

Patna High Court CR. MISC. No.64979 of 2022(5) dt.13-12-2023 3/3 verification.

8. And further condition that the petitioner shall in terms of the amicable settlement keep his wife and minor daughter with full dignity and care.

9. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rishi/- U T