Chandan Sharma @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80108 of 2023 Arising Out of PS. Case No.-99 Year-2022 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Chandan Sharma @ Chandan Kumar Son of Ram Shankar Sharma R/o Village- Biduliya, P.S.- Khodawandpur, Dist.- Begusarai ... ... Petitioner

Versus

1.

The State of Bihar 2.

Rani Kumari Wife of Chandan Sharma @ Chandan Kumar And D/o Shree Shankar Sharma R/o Village- Harakpura, P.S. - Gadhpur, Dist.- Begusarai ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, is apprehending his arrest in connection with Complaint Case No. 99 of 2022 registered for the offences punishable under Sections 147, 148, 341, 323, 504, 506, 379, 498-A, 406 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. He has got no criminal antecedent as stated in paragraph '3' of the application.

3. The allegation against the petitioner is to commit cruelty against O.P. No. 2/wife and demanded dowry.

Patna High Court CR. MISC. No.80108 of 2023(3) dt.07-03-2024 2/3

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in the present case out of matrimonial discord and domestic assault. Learned counsel submits that allegation regarding demand of dowry and cruelty appears general and omnibus, rather the dispute between both sides have been amicably settled in view of the terms and conditions as ordered by Patna High Court Mediation Centre vide it's order dated 19.01.2024. The report of Mediation Centre is annexed herewith and kept at Flag 'A' with the present application.

5. Learned A.P.P. for the State duly assisted by learned counsel for the complainant/O.P. No. 2 while opposing the prayer for anticipatory bail of the petitioner affirmed that the matter has now been compromised between the parties, as submitted.

6. In view of the aforesaid facts and circumstances of the case, as the parties have mutually settled their disputes before the Mediation, in terms of its report at flag 'A' vide agreement dated 19.01.2024, accordingly, above-

Patna High Court CR. MISC. No.80108 of 2023(3) dt.07-03-2024 3/3 named petitioner, in the event of his arrest/surrender within a period of four weeks from today, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Manjhauli, District - Begusarai in connection with Complaint Case No. 99 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. with further condition that:

If petitioner violates any of the conditions, which is to be complied on his part as per agreement dated 19.01.2024, intentionally or deliberately settled before Patna High Court Mediation Centre, the learned trial court shall be at liberty to cancel the bail bond of the petitioner, if pressed by O.P. No.2/wife.

(Chandra Shekhar Jha, J.) Rajeev/- U T