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Patna High CourtCR. MISC./26092/2017bail granted

Ravi Shankar @ Pappu Thakur v. State Of Bihar And ANR

2018-01-16Mr. Justice Sudhir Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26092 of 2017 Arising Out of PS.Case No. -261 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Ravi Shankar @ Pappu Thakur, aged about 38 years, S/o Late Satish Thakur, resident of Mohalla- Satnara, P.S.- Chandi, Dist- Nalanda. .... .... Petitioner

Versus

1. The State of Bihar.

2. Neelam Devi, W/o Ravi Shankar @ Pappu Thakur, D/o Sri Krishna Thakur, resident of Village- Budhu Chak, P.S.- Fatuha, Dist- Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Tilak Sao For the Opposite Party/s : Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-01-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the O.P. No.2. The petitioner is apprehending his arrest in a case instituted under Section 498(A) of the Indian Penal Code and 3⁄4 of D.P. Act.

The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

Vide order dated 08.09.2017, the matter was referred to the Patna High Court Mediation and Conciliation Centre, Patna. As per report of Mediator, the mediation has already been settled between the parties.

2/4 Following are the terms and conditions of the settlement:- Patna High Court Mediation Centre Memorandum of Agreement Mediation Proceeding nO.843 of 2017 (Arising out of Cr. Misc. No.26092 of 2017) An agreement made on 14.12.2017 at the High Court Patna Mediation Centre, between, Ravi Shankar @ Pappu Thakur, aged about 38 years, S/o Late Satish Thakur, resident of Mohalla- Satnara, P.S.-Chandi, Dist- Nalanda.......... (first party) And Neelam Devi, W/o Ravi Shankar @ Pappu Thakur, D/o Sri Krishna Thakur, resident of Village- Budhu Chak, P.S.- Fatuha, Dist- Patna (second party). A Joint compromise petition on behalf of the both parties.

1. That both parties (i.e. petitioner and opposite party no.2) have amicably settled their disputes.

2. That both the parties are ready to live separately, Treated as divorce.

3. That parties have agreed to no contest (persue. The cases instituted against each others in the lower court below.

4. For final settlement of their disputes petitioners wants to give 08 diceml of land in Thana No.298, Khata No.142,

3/4 Plot No.1049, North-Yogendra Thakur, wEst-Paeen, EastKabrishtan and West-Self (Malti Devi), Area-08 Dicamls, villageSatnag, P.S. Chandi, District-Nalanda as final alimony O.P. No.2 is ready both parties are ready for the same. But expenditure of the land Registry both parties are ready to pay fifty percent by petitioners and fifty percent by opposite party no.2 the registry completed with one month from today.

5. That contest of this compromise petition have been read over and parties have understood the same.

6. That the above contents of the agreement have been read over and explained to us in Hindi which they have fully understood and accepted there upon.

7. That is the above terms and conditions a settlement has been arrived at between the parties and both have signed/L.T.I. in presence of their learned Advocates, who have also put their signature as this agreement paper.

Sd/- Sd/- (Ravi Shankar @ Pappu Thakur) (Neelam Devi) Signature of the petitioner Signature of Opposite Party No.2 Date-04.12.2017 Date-04.12.2017. Sd/- Sd/- Signature of the petitioner Advocate Signature of Opposite Party No.2 Advocate A.O.R. No. A.O.R. No.05473 Date-04.12.2017 Date-04.12.2017

4/4 Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No.261 of 2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patnacity, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T