Patna High CourtCR. MISC./81089/2023bail granted

Ashutosh Kumar @ Ashu v. The State Of Bihar

2024-06-28Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81089 of 2023 Arising Out of PS. Case No.-811 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Ashutosh Kumar @ Ashu Son of Tuntun Singh R/o Village - Chhatwani, P.S.- Tariyani, District - Sheohar.

... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Jyoti Kumari W/o- Ashutosh Kumar @ Ashu D/o- Shri Parshu Ram Singh R/o C/o- Kanak Verma Bichi, Shiv mandir Road, Phase-2, Khajpura Raja Bazar, P.S.- Rajeev Nagar, District and Town Patna- 800014. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrendra Kumar, Advocate For the Complainant : Mr. Shrekant Sharan Singh, Advocate For the State :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-06-2024 Heard Mr. Amrendra Kumar, learned counsel for the petitioner, Mr. Shrekant Sharan Singh, learned counsel for the Complainant and Mr. Chandra Sen Prasad Singh, learned APP for the State.

2. The petitioner is apprehending his arrest connection with Complaint Case No. 811 of 2021, dated 07.04.2021 registered for the offences punishable under Sections 498(A), 34 of the Indian Penal Code.

3. Petitioner is the husband of the Complainant. The allegation is of demand of dowry and torture for the same.

4. Vide order dated 24.01.2024 the matter was

Patna High Court CR. MISC. No.81089 of 2023(4) dt.28-06-2024 2/3 referred to the Patna High Court Mediation Centre for settle the dispute between the parties. A report has been received from the Patna High Court Mediation Centre dated 13.03.2024 which reveals that the dispute between the parties has been resolved through the process of mediation and both the parties are agreed the terms of settlement and both the parties have signed on the memorandum of agreement on 05.03.2024 in Mediation Proceeding No. 98 of 2024.

5. In view of the aforesaid, 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 bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Complaint Case No. 811 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-

(1) 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 and on his absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.81089 of 2023(4) dt.28-06-2024 3/3 reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T