Vikki Prakash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71594 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- MAHILA PS District- Buxar ====================================================== Vikki Prakash S/o Pradeep Keshari @ Pradeep Prasad Keshari R/o vill - Kalyanpur, Mahaveer Singh Colony, Near Hanuman Mandir, P.S - Jamui, District - Jamui ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Soni Kumari W/o Vikki Prakash, D/o Gupteshwar Prasad Keshari R/o vill and Post - Itarhi, P.s. - Itarhi, Distt. - Buxar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 10-02-2025 Heard the parties.
2. The petitioner has filed the instant anticipatory bail application for apprehending his arrest in a case registered for the offences punishable under Sections 498A, 323, 341 and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
3. It is a case of matrimonial dispute between the petitioner and opposite party no. 2
4. Earlier vide order dated 23.10.2024 with consent of both the parties, this matter was referred to the Mediation and Conciliation Center, Patna High Court, Patna.
5. It reveals from Memorandum of Agreement dated 26.11.2024 of Mediation Proceeding No. 1707 of 2024 that both
Patna High Court CR. MISC. No.71594 of 2024(3) dt.10-02-2025 2/3 the parties agreed to live separately and petitioner(Vikki Prakash) has offered to pay Rs. 4,00,000/- (Rupees Four Lakhs Only) as full and final settlement amount to opposite party no. 2 (Soni Kumari) in three installments. First installment of Rs. 1,00,000/- will be paid at the time of furnishing bail bond, second installment of Rs. 1,00,000/- will be paid on the date of filing the mutual consent divorce petition in the Court of Ld. Principal Judge, Buxar and the third and last installment of Rs. 2,00,000/- shall be paid on the date of passing final decree of divorce before the Learned Court below. All the payment shall be made through Bank Draft/RTGS/Online in the name of opposite party no. 2, namely Soni Kumari.
6. Petitioner is directed to pay entire amount i.e. Rs. 4,00,000/- (Rupees Four Lakhs Only) to the opposite party no. (Soni Kumari) as per the Memorandum of Agreement of Mediation Proceeding No. 1707 of 2024.
7. In the meantime, as per their agreement, both parties are directed to withdraw the cases pending against each other. As also, abide the other condition if any, incorporated in the said agreement.
8. Having heard learned counsel for the parties and considering the facts mentioned in Memorandum of Agreement
Patna High Court CR. MISC. No.71594 of 2024(3) dt.10-02-2025 3/3 before Patna High Court Mediation Center, this Court is inclined to enlarge the petitioner on provisional bail. The above named petitioner is directed to be enlarged on provisional bail in connection with Buxar Mahila Police Station Case No. 33 of 2024 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Buxar.
9. Trial Court is directed to confirm the provisional bail granted to the petitioner after verifying the deposit receipts of payment of the entire amount i.e. Rs. 4,00,000/- (Rupees Four Lakhs Only) by the petitioner to the opposite party. Trial Court will also verify the withdrawal of pending cases between both the parties.
10. Accordingly, the instant application stands disposed of.
(S. B. Pd. Singh, J) prabhakar/- U T