Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61628 of 2019 Arising Out of PS. Case No.-228 Year-2018 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== SANTOSH KUMAR S/o Sukhdev Yadav, R/o village- Ashadhi, P.S.- Muffasil, District- Nawada ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Manorama Devi W/o Santosh Kumar, D/o Saryug Yadav, R/o villageAbdalpur, P.S.- Warisaliganj, District- Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-01-2022 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State through video conferencing.

The petitioner apprehends his arrest in connection with Complaint Case No. 228/2018 registered for offence punishable under sections 498(A) of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

It is a case of matrimonial dispute. The matter was referred to the Patna High Court Mediation Centre. The report of learned Mediator has been annexed as flag 'A'. It appears that both the parties have compromised the case. As per the terms and conditions, the mediation report shows that the petitioner shall pay Rs. 4,50,000/- to the victim. Thereafter, both the parties are free to

Patna High Court CR. MISC. No.61628 of 2019(7) dt.27-01-2022 2/2 live their independent life. At the time of compromise petition, the petitioner paid Rs.2,00,000/- to the victim by Demand Draft bearing No. 846727 dated 21.12.2021 and assured that Rs.2,50,000/-will be deposited within a period of four months. Both the parties also agreed to end all the matters pending in the Court.

The learned counsel for the informant has submitted that only Rs.2,00,000/- has been paid and Rs. 2,50,000/- is dues. Considering the above mentioned facts and circumstances, the petitioner above named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Nawada in connection with Complaint Case No. 228/2018, subject to condition as laid down under section 438(2) Cr. P.C. Further condition is that if the terms and conditions are not followed and the rest amount of Rs.2,50,000/- is not paid to the victim within the stipulated period, the victim shall be entitled to file a petition before the learned court below to cancel the bail bonds of the petitioner. (Nawneet Kumar Pandey , J) Mahesh/- U T