Allowed

Dharmendra Thakur @ Tannu Thakur v. The State of Bihar and Anr.

Patna HC26 Jun 2019CR. MISC./2949/2019

Case brief

AI extract

What is this about?

The High Court at Patna granted provisional bail in a Section 498A IPC and Dowry Prohibition Act complaint. The court confirmed earlier bail on the condition that the parties adhere to a mediation agreement settling the dispute, awarding permanent alimony and resulting in a withdrawal of the matrimonial case filed by the petitioner's wife.

What did the court decide?

Provisional bail granted and earlier bail confirmed, subject to adherence to the mediation agreement terms including payment of agreed alimony and withdrawal of the complainant's case.

Dharmendra Thakur @ Tannu Thakur Vs The State of Bihar… — Matrimonial and Divorce | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2949 of 2019

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Arising Out of PS. Case No.-110 Year-2018 Thana- NALANDA COMPLAINT CASE District- Nalanda

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======================================================

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Dharmendra Thakur @ Tannu Thakur, son of Ram Pravesh Thakur, resident of Pandaul, P.S. - Sakurabad, Distt.- jahanabad, Bihar.

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... ... Petitioner

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Versus

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The State of Bihar and anr Bihar

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Dezi Devi, w/o Dharmendra Thakur @ Tannu Thakur, resident of Pandaul, P.S - Sakurabad, Distt.- Jahanabad, Bihar Presently residing at D/o Soman thakur, village - Gauri, P.S. - Chandi, distt.- Nalanda.

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... ... Opposite Parties

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====================================================== Appearance : For the Petitioner/s : None For the Opposite Party/s : Mr.Nand Kumar(App154) For O.P. 2 : Ms. Neha Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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4 26-06-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Hilsa (Nalanda) Case No. 110-C of 2018 in which cognizance has been taken under Section 498A IPC and Section 4 of Dowry Prohibition Act.

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None appears on behalf of the petitioner and learned counsel for opposite party No.2 has submitted that she has no instruction in the matter. However, it appears that on appearance of opposite party No.2 the matter was referred to the Patna High Court Mediation and Conciliation Centre and the report of the Mediator at Flag ‘Q’ disclosed that dispute between the parties has been resolved in terms of agreement and the terms of

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Patna High Court CR. MISC. No.2949 of 2019(4) dt.26-06-2019 2/3

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agreement disclosed that both the parties were decided to live separately and they proposed to file Matrimonial Suit for decree of divorce, one time settlement amount of Rs.1 lac has been agreed between the parties as permanent alimony of opposite party No.2 and the same will be given to opposite party No.2 in four equal instalments, the first instalment of Rs.25,000/- was being given to opposite party No.2 on the date of agreement itself, i.e. on 17.6.2019, second instalment of Rs.25,000/- will be given to opposite party No.2 at the time of filing of Matrimonial Suit (Divorce), third instalment of Rs.25,000/- will be given to opposite party No.2 at the time of recording statement by the Family Court and last and final instalment of Rs.25,000/- will be given at the time of passing of decree of divorce and part from that opposite party No.2 will withdraw her case pending in the court of S.D.J.M., Hilsa just after the full payment of one time settlement amount.

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Heard learned APP also.

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In the above facts and circumstances, this application is allowed and the provisional bail granted to the petitioner vide order dated 23.1.2019 is confirmed on the condition that both the parties shall abide by the terms of agreement reached between the parties before the Mediator.

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Patna High Court CR. MISC. No.2949 of 2019(4) dt.26-06-2019 3/3

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Let the order of mediator along with the terms of

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agreement be communicated to the court below for needful.

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(Vinod Kumar Sinha, J)

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spal/- U T

Dharmendra Thakur @ Tannu Thakur v. The State of Bihar and Anr.

Case brief

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Dharmendra Thakur @ Tannu Thakur v. The State of Bihar and Anr.

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