Akhilesh Kumar Gupta v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78233 of 2018 Arising Out of PS. Case No.-129 Year-2018 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Akhilesh Kumar Gupta, Son of Shri Brij Kishore Gupta, Resident of VillageJangalBelawa near Ambey Chowk,Padarauna,Police Station-Padarauna,Distt.- Kushinagar Uttar Pradesh ... ... Petitioner
Versus
1.
State Of Bihar 2.
Chandani Kumari, wife of Akkhilesh Kumar Gupta, D/o of Mathura Sah Resident of Village-Chhatraul Ward No.8,Harnatand,Police station Laukariya,Distt.-W.Champaran ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Kishor Mishra For the Opposite Party/s :
Mr.Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 129C of 2018 lodged for the offences under Section 498A IPC and Sections 3/4 of Dowry Prohibition Act.
Both the parties have appeared in this case and the matter was referred to the Patna High Court Mediation Centre by order dated 13.2.2019 and the report of Mediation Centre shows that through the process of mediation the matter has been settled between the parties and in terms of settlement a memorandum of agreement has been prepared signed by both the parties, which is attached with the report.
Patna High Court CR. MISC. No.78233 of 2018(5) dt.12-04-2019 2/3 Submission of learned counsel for the petitioner is that as parties have compromised the matter he will abide by the terms and conditions mentioned in the memorandum of agreement.
Heard learned APP and learned counsel for opposite party No.2, who has not controverted the above fact. Having heard both sides and in view of above facts and circumstances, this application is disposed of with a direction to the petitioner to surrender within a period of six weeks from the receipt of this order and on surrender he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Bagaha, West Champaran, in connection with Complaint Case No. 129C of 2018, S.C. No. 2954 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further condition is that petitioner has to abide by the terms and conditions as per agreement arrived at between the parties.
Patna High Court CR. MISC. No.78233 of 2018(5) dt.12-04-2019 3/3 Let copy of report of Mediation Centre along with the memorandum of agreement be sent to the court below. With the above observation, this application is disposed of.
(Vinod Kumar Sinha, J) spal/- U T