Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70136 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- MAHILA PS District- Aurangabad ====================================================== Sumit Kumar Son Of Chandradhar Ram R/O Vill.- Dharhara, P.S.- Darihat, Distt.- Rohtas (Sasaram) ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Nisha Kumari D/O- Dilip Ram R/O Vill- Baghaura, Tole Barhatbigha, P.S.- Madanpur, Distt.- Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamlendra Pd. Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP For the Informant/s : Mr. Amit Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Aurangabad P.S. Case No.14 of 2022 registered for the offences punishable under Sections 341, 323, 504, 506, 498-A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The allegation against the petitioner is to commit cruelty for non-fulfillment of demand of dowry as raised for Rs.1,50,000/- (Rupees One Lakh Fifty Thousand) and also for golden ornaments.

Patna High Court CR. MISC. No.70136 of 2022(3) dt.05-05-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that matter was referred to Mediation Center vide order dated 28.02.2023, where matter was finally redressed effectively through process of mediation, where both informant and petitioner agreed to live together and agreement of the said effect was also executed on 05.04.2023 between the parties. The said report is available on record under the signature of learned mediator Mr. Achal Kumar Sinha.

Learned APP duly assisted by learned counsel appearing on behalf of informant submitted that case was compromised between the parties in terms of agreement dated 05.04.2023 as executed during Mediation Proceeding No.223 of 2023.

In view of the facts and circumstances as mentioned above as dispute between the parties had already been redressed effectively, where they decided to live together happily in terms of agreement dated 05.04.2023 as discussed above, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-

Patna High Court CR. MISC. No.70136 of 2022(3) dt.05-05-2023 3/3 Divisional Judicial Magistrate, Aurangabad/concerned Court below where the case is pending in connection with Aurangabad P.S. Case No.14 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T