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Patna High CourtCR. MISC./77529/2023bail granted

Nand Lal Prasad @ Mukesh Kumar Jaiswal @ Nand Lal Kumar v. The State Of Bihar

2024-05-15Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77529 of 2023 Arising Out of PS. Case No.-125 Year-2021 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Nand Lal Prasad @ Mukesh Kumar Jaiswal @ Nand Lal Kumar S/O Dhurendra Prasad @ Dhurendra Sah R/O Village- Lalgadh, P.S- Bettiah, Distt.- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka Kumari W/O Nand Lal Prasad @ Mukesh Kumar Jaiswal R/O Village- Father Of House- Lal Bagiya, P.S- Chiraiya, Distt.- East Champaran. Mob No.- 7903092910 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Alka Singh, Advocate For the Opposite Party/s :

Mrs. Sharda Kumari,APP Mr. Dhananjay Kumar,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4.

15-05-2024 Heard learned counsel for the petitioner, State and opposite party no. 2.

2. The petitioner, husband of opposite party no. 2, apprehends his arrest in a complaint case punishable for the offence under Sections 323/498(A)/504 of the Indian Penal Code.

3. Earlier, vide order dated 05.03.2024, the matter was referred to Mediation & Conciliation Centre of Patna High Court to explore the possibility of settlement between the parties and vide report dated 09.05.2024, the Mediator has reported that the dispute between the parties has been resolved amicably through the process of mediation and both parties have agreed to live together, as husband & wife, and petitioner undertakes to

Patna High Court CR. MISC. No.77529 of 2023(4) dt.15-05-2024 2/2 keep opposite party no.2 with full honour & dignity and both parties shall withdraw cases within six months in the Court below. These facts have been mentioned in Memorandum of Agreement dated 09.05.2024 attached with Mediator's report (flag 'A').

4. In view of aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail-bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran at Motihari in connection with Complaint Case No. 125 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that petitioner shall abide by all the terms & conditions, mentioned in Memorandum of Agreement dated 09.05.2024 before the Mediation Centre, failing which, learned Court below shall be at liberty to cancel the bail-bond of the petitioner.

(Prabhat Kumar Singh, J) anay U T