Raghwendra Nath Chaubey @ Pintu Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.622 of 2020 Arising Out of PS. Case No.-2425 Year-2018 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== RAGHWENDRA NATH CHAUBEY @ PINTU CHAUBEY Son of Late Satyendra Nath Chaubey, Resident of Village - Barwa, P.S.- Aandar, DistrictSiwan. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jagriti Devi D/O- Tungnath Pathak, Resident of Village - Gopalpur Hathua, P.S.- Hathua, District- Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Gauri Shankar Gupta Mr. Shubesh Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-07-2022 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Complaint Case No. 2425 of 2018 registered for offence punishable under sections 498(A)/323 of the Indian Penal Code. The learned counsel for the petitioner has submitted that the petitioner is husband of opposite party no. 2, Jagriti Devi. There was a matrimonial dispute between the parties. The matter was referred to the Patna High Court Mediation and Conciliation Centre. Both the parties have compromised the case. As per terms and conditions of the compromise, the petitioner was to pay Rs.5,00,000/- to the complainant as mentioned in paragraph 2 of

Patna High Court CR. MISC. No.622 of 2020(6) dt.18-07-2022 2/2 the Mediation Report. He has already paid the entire amount. The xerox copy of transaction of the amount through RTGS is submitted by the learned counsel for the petitioner. In paragraph 4 of the Mediation Report, it has been mentioned that after payment of entire amount, both the parties shall withdraw all the cases. The learned counsel for the petitioner has submitted that at the time of mediation, it was agreed between the parties that both the parties shall file an application for divorce with mutual consent under section 13B of the Hindu Marriage Act, 1955 to get the marriage annulled by a decree of divorce. The parties are expected to adhere with their words mentioned in paragraph 4 of the Mediation Report.

Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Siwan in connection with Complaint Case No. 2425 of 2018, subject to condition as laid down under section 438(2) Cr. P.C.

(Nawneet Kumar Pandey, J) Mahesh/- U T