Rajesh Kumar v. The State of Bihar
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 34, 323, 341, 498(A), 504, 506
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
Mr.Anil Kumar Sinha Mr.Anand Kishore Choudhary Mr.Shailesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 30-04-2024 Heard learned counsel for the parties.
The petitioner, husband of opposite party no. 2, apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 498(A)/34 of the Indian Penal Code.
Earlier, vide order dated 07.12.2023, the matter was referred to Mediation & Conciliation Centre of Patna High Court to explore the possibility of settlement between the parties and vide report dated 22.02.2024, the Mediator has reported that the dispute between the parties has been resolved amicably through the process of mediation and both parties are ready to live together, as husband & wife, and petitioner undertakes to keep opposite party no.2 (wife) and children with him and pay Patna High Court CR. MISC. No.58024 of 2023(4) dt.30-04-2024 Rs. 5000/- per month in the joint bank account and both parties will withdraw cases within six months. These facts have been mentioned in Memorandum of Agreement dated 22.02.2024 attached with Mediator’s report.
In view of aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail-bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Aurangabad in connection with Mahila P.S. Case No. 2 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that petitioner shall abide by all the terms & conditions, mentioned in Memorandum of Agreement dated 22.02.2024 before the Mediation Centre, failing which, learned Court below shall be at liberty to cancel the bail-bond of the petitioner. (Prabhat Kumar Singh, J) anay/- U T
Precedent status how later indexed judgments have treated this case
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