Rupesh Kumar Sinha @ Niteshwar Kumar Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68169 of 2019 Arising Out of PS. Case No.-854 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== Rupesh Kumar Sinha @ Niteshwar Kumar Sinha Son of Arun Kumar Sinha Resident of Village- Pipra, P.S.- Govindganj, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code read with Section 66 of the I.T. Act.
3. Learned counsel for the petitioner submits that the matter was referred for mediation and the case has been successfully resolved. It has been agreed between the parties that they will not litigate any further and the petitioner will pay an amount of Rs. 8,50,000/- by way of one time settlement to the daughter (victim) of the informant, as the victim is the wife of the petitioner, further the said amount of Rs. 8,50,000/- lakhs
Patna High Court CR. MISC. No.68169 of 2019(6) dt.25-07-2023 2/3 is to be paid within a period of four months from 17.08.2023 till 17.11.2023.
4. Learned counsel for the petitioner submits that no doubt the issue has been resolved amicably but since the FIR was instituted by the mother-in-law of the petitioner, as such her signature was also required on the mediation report but on the date when the settlement was arrived at, the informant was not present before the learned Mediator as such her signature could not be taken, but then the mediation report has been signed by the victim, her father and the petitioner.
5. Learned counsel for the informant agrees with the submissions of the learned counsel for the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five 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 Bettiah Town (Nagar Bettiah) P.S. Case No. 854 of 2018 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
Patna High Court CR. MISC. No.68169 of 2019(6) dt.25-07-2023 3/3
7. However, in the event, if amount as agreed, is not paid to the victim i.e. daughter of the informant within the time stipulated in the mediation report, the informant would be at liberty to file an application before this Court seeking cancellation of anticipatory bail of the petitioner.
8. It goes without saying that in the event, if the amount as agreed is paid within the stipulated time, then both the parties will withdraw all the cases against each other. (Satyavrat Verma, J) Rishi/- U T