Single judge allowed bail application in 498A case where dispute was resolved via mediation. Court ordered release on furnishing bond with sureties subject to conditions including abiding by mediation terms.
Petitioner granted bail on furnishing bond of Rs. 25,000 with two sureties, subject to condition of abiding by mediation terms.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2556 of 2019
Arising Out of PS. Case No.-160 Year-2018 Thana- BIHIA District- Bhojpur
======================================================
Pramod Thakur son of Vikrama Thakur R/O Village- Khutukpur, P.O.Kutubpur Ujiyar, P.S.- Narhi, District- Baliya
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Usha Rai For the Opposite Party/s : Mr.Sanjay Kumar Singh(App193) ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
4 06-05-2019
Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Bihiya P.S.Case no.160 of 2018 , registered for offences punishable under Sections 323, 498A of the Indian Penal Code and Sections ¾ of the D.P.Act.
This case is under Section 498A of the IPC and earlier the matter was sent to the Mediation Committee , vide order dated 22.2.2019 and the mediator report is available at flag ‘M’, which shows that the dispute between the parties has been resolved through the processes of the mediation on the terms of the settlement mutually agreed upon , and , the learned counsel for
Patna High Court CR. MISC. No.2556 of 2019(4) dt.06-05-2019 2/3
the petitioner has submitted that he is ready to keep her , however, the learned counsel for the O.P.no.2 has submitted that she apprehends torture at the hands of the petitioner.
Heard learned A.P.P. and from perusal of mediator report, it appears that both the parties are ready to continue their conjugal right forgetting the past and the petitioner, who is husband is ready to keep her .
In such view of the matter, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/(Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhojpur at Ara in connection with Bihiya P.S.Case No.160 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition that the petitioner will abide by the terms and conditions as agreed before the mediator.
Let a copy of the mediator report along with the memorandum of the agreement be sent to the learned court below.
Patna High Court CR. MISC. No.2556 of 2019(4) dt.06-05-2019 3/3
With the aforesaid direction, this application is
allowed.
(Vinod Kumar Sinha, J)
chn/-
U T
2 issues framed by the court
Whether the petitioner is eligible for release on bail after the resolution of dispute via mediation in a Section 498A case.
Whether conditions can be imposed on the bail bond to ensure the petitioner abides by the mediation agreement.
1 provisions across 1 enactments
Pramod Thakur
The State of Bihar
Mamta Kumari Pramod Thakur
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
