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Patna High CourtCR. MISC./75587/2023bail granted

Aman Kumar v. The State Of Bihar

2024-03-19Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75587 of 2023 Arising Out of PS. Case No.-3280 Year-2019 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== AMAN KUMAR Son of Niranjan Prasad Singh Resident of Village and P.O. - Jhitkahiyan, P.S. - Minapur, District - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kriti Kumari Wife of Aman Kumar Daughter of Shailendra Prasad Singh, Resident of Village - Dahiya (East), P.O. - Chiraila, P.S. - Gaighat, District - Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-03-2024 Heard the parties.

2. Pursuant to the last order dated 13.12.2023, the matter went to the Mediation Center and a report dated 30.01.2024 has come which read as follows:

Patna High Court Mediation Centre Memorandum of Agreement Mediation Proceeding No.1238 of 2023 [Arising out of Cr.Misc. No.75587 of 2023] An agreement made on 30.01.2024 at the Patna High Court Mediation Centre, between, Aman Kumar, Son of Niranjan Prasad Singh, resident of Village and P.O.-Jhitkahiyan, P.S.- Minapur, District-Muzaffapur.

Petitioner/(First party).

2/4 And Kriti Kumari, wife of Aman Kumar, Daughter of Shailendra Prasad Singh, resident of Village-Dahiya (East), P.O.-Chiralla, P.S.-Gaighat, District- Muzaffapur.

Opposite Party No.2(Second party).

Both parties are agreed to settle the dispute with the consent and sweet well on basis of the following terms and conditions:-

1. That the both the parties are living together as husband and wife.

2. That the petitioner is ready to keep her wife with full honour and dignity. He also assured that he will fulfil all requirements to his wife as per his Income.

3. That both the parties are agreed upon that Complaint Case No. 3280 of 2019 pending before S.D.J.M., Muzaffapur and cases pending before the learned court below will also be compromised within six month.

4. That the aforesaid contents of the agreement have been read over and explained into Hindi, which have fully been understood and accepted by the parties.

Hence, in the above terms and condition a settlement has been arrived between the parties and both have signed his presence of their respective learned counsels. Who have also put their signature on the agreement.

3/4 (Aman Kumar) (Kriti Kumari) Signature of the petitioner Signature of the opposite party Date -30.01.2024 No.2 dated 30.01.2024 Dhananjay Kumar Singh Signature of the petitioner Advocate Manoj Kumar Signature of the Opposite party, No.2 Advocate

3. Taking into account the outcome of the mediation between the couple, they are staying together, this Court is inclined to grant relief to the petitioner.

4. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Muzaffarpur Complaint Case No. 3280/2019 to the satisfaction of learned SDJM, East Muzaffarpur subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date

4/4 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T