Virendra Kumar Shivam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85521 of 2024 Arising Out of PS. Case No.-406 Year-2024 Thana- FATUA District- Patna ====================================================== Virendra Kumar Shivam Son of Yugal Kishore Sah Resident of villageJagannath Puri, Barmasia P.S- Sahayak, Distt.-Katihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shalu Kumari Wife of Virendra Kumar Shivam, D/O- Shri Shankar Prasad, Resident of Bankipur Gorakha, Ganj par, P.S- Fatuha, Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP For the Informant :
Mr. Pankaj Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 10-07-2025
1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2.
2. The petitioner apprehends his arrest in connection with Fatua P.S. Case no.406 of 2024 registered under Sections 498A, 341, 307, 504, 506 and 323 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.
3. The allegation against the petitioner, who happens to be the husband of opposite party no.2, is of demand of dowry and torture.
4. Learned counsel for the petitioner submits that earlier vide order dated 12.05.2025, the matter was sent to the
Patna High Court CR. MISC. No.85521 of 2024(4) dt.10-07-2025 2/3 Patna High Court, Mediation Center for reaching settlement between the parties and a report of the Mediation Center is available on the record.
5. A perusal of the same would go to show that memorandum of agreement has been reached between the parties in the Mediation Proceeding No.680 of 2025 dated 19.06.2025. It has been agreed that for a payment of amount of Rs.12,21,000/- (Rupees Twelve Lakhs Twenty One Thousand Only) by the petitioner to the opposite party no.2, One Time Settlement has been reached and the said payment would be full and final and all disputes, litigation and grievances between the parties would be resolved. First installment of Rs.4,07,000/- (Rupees Four Lakhs Seven Thousand Only) is being paid by way of Demand Draft which is handed over in Court by Mr. Deepak Kuamar, learned counsel for the petitioner to Mr. Pankaj Kumar, learned counsel for the opposite party no.2 and a copy of the same is being kept in the records. Remaining amount of Rs. 8,14,000/- would be paid by the petitoner as per the schedule as has been indicated in the said agreement.
6. The application for anticipatory bail is opposed by learned A.P.P. for the State. However, learned counsel for the informant has no objection for the same.
Patna High Court CR. MISC. No.85521 of 2024(4) dt.10-07-2025 3/3
7. Taking into consideration the mediation report of settlement between the parties, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Fatua P.S. Case no.406 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-II, Patna City, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.
8. It is expected that both the parties would strictly adhere to the terms and condition of the settlement and opposite party no.2 would co-operate in filing an application under Section 13B of the Hindu Marriage Act before the concerned Family Court and parties would withdraw all cases filed against each other.
9. If any of the parties violates terms and conditions as agreed between them, the learned Court below would be at liberty to pass adverse order against them.
10. The application stands disposed of.
(Soni Shrivastava, J) Harsh/- U T