Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13 of 2025 Arising Out of PS. Case No.-32 Year-2023 Thana- MAHILA P.S. District- Saharsa ====================================================== Mukesh Kumar Son of Ram Prakash Pandit Village- Durgapur W.No-7, Post Office- Bhaddi Durgapur P.S- Basanhi Dist- Saharsa ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Tanya Shree W/o- Mukesh Kumar, R/o Village- Durgapur Ward No-7, P.OBhaddi Durgapur P.S- Basanhi Dist- Saharsa, at present Resident- Tanya Shree, D/o Ghaneshwar Pandit, Village-- Dharmpur W.No-5, P.SSamastipur Dist- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjay Kumar Singh, Advocate For the Informant : Mr. Dinesh Prasad Verma, Advocate For the State :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-04-2025 Heard Mr. Ranjay Kumar Singh, learned counsel for the petitioner, Mr. Dinesh Prasad Verma, learned counsel for the Informant and Dr. Kumar Uday Pratap, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Mahila (Saharsa Sadar) P.S. Case No. 32 of 2023, F.I.R. dated 13.06.2023 registered for the offences punishable under Sections 341, 323, 498(A), 494, 504, 506/34 of the Indian Penal Code.

3. Petitioner is the husband of the Informant. Allegation is of demand of dowry and torture for the same.

4. Vide order dated 28.02.2025, the matter was

Patna High Court CR. MISC. No.13 of 2025(6) dt.11-04-2025 2/3 referred before the learned Mediator to resolve the dispute between the parties. Report of the learned Mediator suggests that the dispute between the parties have been resolved through the process of settlement and both the parties have filed their respective affidavits.

5. Learned counsel for the Informant has no objection in this regard.

6. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Mahila (Saharsa-Sadar) P.S. Case No. 32 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.13 of 2025(6) dt.11-04-2025 3/3 reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T