Ravindra Nath Choudhray And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12290 of 2018 Arising Out of PS.Case No. -305 Year- 2017 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================
1. Ravindra Nath Choudhray, son of Late Krit Narayan Choudhary,
2. Nishant Ranjan @ Raja, son of Ravindra Nath Choudhary, Both are resident of Village- Sirajpur, P.S.- Parbatta, District- Khagariya. .... .... Petitioners
Versus
1. The State of Bihar.
2. Sharda Devi @ Sharda Kumari, wife of Raju Kumar & D/o Sri Ravindra Kumar Singh, resident of Vivekanand Colony, Quila Ghat Road, Sarai, P.S.- Tarapur, District- Bhagalpur.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioners : Mr. Babita Kumari, Advocate. For the State : Mr. Bal Mukund Prasad Sinha, A.P.P. For the O.P. No. 2 : Mr. Rajesh Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-03-2018 A joint affidavit has been filed on behalf of the parties. The same may be kept on the record.
Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A), 406 of the IPC and 4 of the D. P. Act.
The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to non-
Patna High Court Cr.Misc. No.12290 of 2018 (3) dt.15-03-2018 2/3 fulfilment of demand of dowry.
Vide order dated 07.03.2018, the matter was adjourned for filing joint affidavit in respect of one time settlement between the parties. The following statements have been made in paragraph nos. 5 and 6 of the joint affidavit. "5. That the complainant and her husband will live as husband wife and both will respect each other.
6. That both parties agreed that all the cases which are pending related to the present dispute will be withdrawn and they will not pursue those cases."
Considering the fact that the matter has already been settled between the parties, let the petitioner above named, in the event of 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.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhagalpur, in connection with Complaint Case No. 305 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
The parties will be at liberty to proceed in accordance with law before the learned court below in respect of withdrawal of criminal cases. On doing so, the learned court below shall
Patna High Court Cr.Misc. No.12290 of 2018 (3) dt.15-03-2018 3/3 consider the same and pass an appropriate order in the interest of justice.
U.K./- (Sudhir Singh, J) U T