Murari Chaudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65753 of 2018 Arising Out of PS. Case No.-2274 Year-2016 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Murari Chaudhary S/o Paras Chaudhary, R/o Village- Sitthi, P.S.- Gaunaha, District- West Champaran.

... ... Petitioner/s

Versus

1.

State Of Bihar and Anr 2.

Priyanka Devi, W/o Murari Chaudhary, D/o Jagjeet Chaudhary, R/o VillageSitthi, P.S.- Gaunaha, District- West Champaran. at present Village- Pakadi, Nuniewa Tola, P.S.- Lauriya, District- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-04-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with SC Case No1302/2017 (Arising out of Complaint Case No.2274 of 2016), registered for offences punishable under Section 498(A) of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

The case is under Section 498(A) of the IPC. The petitioner, happens to be husband, and O.P.no.2, who is wife, has also appeared, hence the matter was sent to the Patna High Court Mediation Centre, vide order dated 13.12.2018 and now the report of the Mediator is available at flag 'P', that shows that the matter has been resolved through the process of the mediation on the terms of the settlement mutually agreed, which

Patna High Court CR. MISC. No.65753 of 2018(3) dt.09-04-2019 2/2 is the part of the mediator report and the memorandum of agreement .

Heard learned A.P.P. and the learned counsel for the O.P.no.2. They have also not disputed the same. In such view of the matter, let the petitioner, above named, surrender before the court below within a period of six weeks from the date of order and on surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Bettiah, West Champaran in connection with Complaint Case No.2274 of 2016, SC. No.1302 of 2017, subject to condition as laid down under Section 438

(2) of the Code of Criminal Procedure with further condition that he will abide by the condition as mentioned in the memorandum of agreement, otherwise the O.P.no.2 is free to move for cancellation of his bail bond.

Let a copy of the meditation report and the memorandum of agreement be sent to the learned lower court concerned. With the aforesaid observation, this application is allowed.

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