Kumar Ankit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71401 of 2022 Arising Out of PS. Case No.-208 Year-2020 Thana- SHEKHPURA COMPLAINT CASE District- Sheikhpura ====================================================== Kumar Ankit, S/O Late Madan Mohan Singh, R/O Village- Chandpura, P.S.- Nima Chandpura, District- Begusarai.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Pinku Kumari, W/o Mr. Kumar Ankit, D/o Late Gaya Prasad Singh R/o Village- Sakaldeo Nagar, Behind Mahindra Showroom, Barbigha, P.S.- Barbigha, District- Sheikhpura.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vaishnavi Singh, Advocate For the Informant :
Ms. Soni Shrivastava, Advocate For the State :
Mr. Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Complaint Case No. 208 ( C ) of 2020 under Sections 341, 323, 498(A), 504/34 of the Indian Penal Code.
3. As per the complaint, the marriage of the complainant was solemnized on 24.05.2013 with the petitioner and they have blessed with a son. The allegation is that petitioner and his family members used to demand dowry and tortured her for fulfillment of the same.
4. On request on behalf of the parties, the case was
Patna High Court CR. MISC. No.71401 of 2022(3) dt.08-09-2023 2/3 referred to Mediation and Conciliation Centre, Patna High Court where as per the Mediator's report dated 08.08.2023, the dispute between the parties has been resolved through the process of Mediation on the terms of settlement mutually agreed upon by them, the copy of settlement duly signed by the parties and their counsel has been filed on record.
5. Learned counsel for the petitioner submits that the petitioner is ready to abide by the terms of the agreement dated 03.08.2023 and undertakes to keep his wife and children with full honour and dignity and fulfill the requirement of their child as per his income and also undertakes to make payment of total Rs. 8,000/- per month to the informant for her maintenance and maintenance for their minor daughter subject to any order with respect to such maintenance in maintenance proceeding, if any, and such payment shall be adjusted / deducted accordingly. The petitioner undertakes to make payment of the aforesaid amount regularly.
6. Learned APP as well as the learned counsel for the respondent no. 2 have conceded the aforesaid facts of agreement and have no objection on grant of anticipatory bail to the petitioner.
7. In view of the facts and circumstances of the case
Patna High Court CR. MISC. No.71401 of 2022(3) dt.08-09-2023 3/3 and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Complaint Case No. 208 ( C ) of 2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure and on further condition that:
(i) Petitioner shall comply the undertaking stated in para 5 of this order.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court. (iii) In case of absence on two consecutive dates without sufficient reason or if the petitioner misuse the liberty or violate any of the above conditions imposed upon him his bail bond will be liable to be cancelled by the Court concerned. (Sunil Dutta Mishra, J) khushbu/- U T