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Patna High CourtCR. MISC./75207/2024disposed

Mithilesh Kumar Roy v. The State Of Bihar

2025-05-13Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75207 of 2024 Arising Out of PS. Case No.-115 Year-2023 Thana- GADHPURA District- Begusarai ====================================================== Mithilesh Kumar Roy Son of Late Kailash Roy @Kailash Roy @ Kailash Prasad Roy Resident of Village- Mortar, P.S.- Garhpura, Distt.- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Akhilesh Rai Son of Late Radha Rai Resident of Village Matihani P.S. Matihani, Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner, learned counsel for the Opposite party no. 2 and the State.

2. Petitioner is apprehending his arrest in a case registered for the offences punishable under sections 323, 341, 379, 385, 420, 504, 506 of the Indian Penal Code.

3. The matter had earlier been sent to the Mediation Center, Patna High Court, for resolution of disputes between the parties.

4. The mediator report's is available on the record which would show that the parties have reached an amicable settlement of their dispute by an agreement made between them

Patna High Court CR. MISC. No.75207 of 2024(5) dt.13-05-2025 2/3 on 10.04.2025 in the Mediation Proceeding no.238 of 2025. It has been agreed between the parties that the petitioner would pay an amount of Rs. 1,50,000 /- to the OP. No.2 as full and final settlement of the grievances to the petitioner. It has also been agreed that the said amount would be paid by way of three cheques amounting to Rs. 50,000/- each, and the same would be paid to the OP. No. 2 in a total period of two months.

5. It is expected that the informant would also adhere to the condition of this agreement and withdraw the criminal case upon receiving the aforesaid amount.

6. In such view of the matter, the above named, petitioner would be released on provisional bail. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/ successor court in connection with Gadhpura P.S.Case No. 115 of 2023 subject to condition as laid down under section 438(2) of the Cr.PC and subject to the further condition that the receipt of the first installment of Rs. 50,000/- would be shown at the time of furnishing the bail bonds. Subsequently, after the payment of the entire amount within the period as aforesaid, the learned court

Patna High Court CR. MISC. No.75207 of 2024(5) dt.13-05-2025 3/3 below would confirm the provisional bail granted to the petitioner and if, the said amount is not paid by the petitioner, the learned court below would be at liberty to cancel the provisional bail bonds of the petitioner.

(Soni Shrivastava, J) N.K/- U T