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Patna High CourtCR. MISC./64287/2019bail granted

Himanshu Raj v. The State Of Bihar

2020-03-04Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64287 of 2019 Arising Out of PS. Case No.-531 Year-2019 Thana- SHASTRINAGAR District- Patna ====================================================== HIMANSHU RAJ Son of Rajendra Sahni Resident of Flat No. 2B, Devahuti Kutir, Shivpuri, P.O. and P.S.- Shastri Nagar, Distt - Patna. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Ruby Sahani Wife of Himanshu Raj Resident of C/o Himanshu Raj, Flat No. 2B, Devahuti Kutir, Shivpuri, P.O. and P.S.- Shastri Nagar, Distt - Patna. Presently residing at D/o Ramchandra Sahani, Village - Fatehpur, P.O.- Hasnpur, P.S.- Khanpur, Distt - Samastipur, Pin - 848210. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Roshan Kumar Mishra For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is apprehending his arrest in Shastri Nagar P.S. Case no. 531/2019 registered under section 498A of the IPC and 3/ 4 of the Dowry Prohibition Act.

Earlier the matter was referred to Mediation Center, Patna High court. Report of Mediation Center has been received that parties have compromised the issue. Matrimonial harmony has been restored and they have agreed to carry on their matrimonial life on certain terms and conditions contained in agreement dated 20.12.2019 executed at Patna High Court, Mediation Center. This court had granted interim protection that no coercive steps be taken against the petitioner. This court considering the aforesaid positive development in the mediation proceedings is

Patna High Court CR. MISC. No.64287 of 2019(3) dt.04-03-2020 2/2 inclined to allow the privilege of anticipatory bail. This court would only reiterate that parties would be bound by the terms and conditions contained in agreement dated 20.12.2019. In the event of arrest/ surrender within four weeks from the date of receipt of a copy of the order in the court below, petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub Judge IV, Patna in Shastri Nagar P.S. Case no. 531/2019 subject to the condition under section 438(2) Cr.P.C and other conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U T