Allowed

Suzarjan Kumar @ Suranjan Kumar v. the State of Bihar

Patna HC13 Dec 2019CR. MISC./33661/2019

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to an accused husband facing prosecution under IPC Sections 323, 498(A) and the Dowry Prohibition Act. The court was satisfied that the matrimonial dispute had been settled via a media agreement and that the parties were living together peacefully.

What did the court decide?

Anticipatory bail for petitioner to be released within four weeks on furnishing a bond of Rs. 10,000 with two sureties, subject to conditions of the mediation agreement.

Suzarjan Kumar @ Suranjan Kumar Vs the State of Bihar — Dowry and Cruelty | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33661 of 2019

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Arising Out of PS. Case No.-481 Year-2017 Thana- ROHTAS COMPLAINT CASE DistrictRohtas

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

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SUZARJAN KUMAR @ SURANJAN KUMAR Son of Late Rama Ashish Prasad @ Ram Ashish Shah Resident of Village - Majhouli, P.S.- Dawath, Distt - Rohtas, Bihar.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR

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Rachana Kumari D/o Rajendra Prasad Resident of Village and Post Nasriganj, P.S.- Nasriganj, Ward No. 6, Distt - Rohtas, presently posted as A.S.I.C.I.S.F Company - D, Employee No. 062760067, I.G.I Tominas 01D Palam, New Delhi.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar Roy For the Opposite Party/s : Mr.Bal Mukund Prasad Sinha ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

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ORAL ORDER

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6 13-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

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The petitioner apprehends his arrest in connection with Complaint Case No. 481 of 2017 for the offence registered under Sections 323 and 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

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It appears that the present case was referred to the Patna High Court, Mediation and Conciliation Centre, whereupon it appears that the matter has been settled in between the husband and the wife and to that effect an agreement dated 02.12.2019, has been entered into between the

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Patna High Court CR. MISC. No.33661 of 2019(6) dt.13-12-2019 2/3

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husband and the wife in presence of the learned Mediator and the counsel of the respective parties, terms and conditions whereof are reproduced herein belew:-

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“ 1- vkt fnukad 02-12-2019 dks lqjatu dqekj mQZ lqjatu dqekj] izFke i{k iRuh jpuk dqekjh] f}rh; i{k ds lkFk iVuk mPp U;k;ky; e/;LFkrk dsUnz esa vius e/;LFkrk dk;Zokgh esa mifLFkr gq,A ;s yksx ifr&iRuh ,oa cPph ds lkFk jgus dks rS;kj gSA

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2- ;g fd izFke i{k ;g oknk fd;s fd os viuh iRuh dks lgh <ax ls izseiwoZd j[ksxsa vkSj fdlh rjg dk nqO;ZO;ogkj ugha djsxsa ,oa iRuh Hkh vius iRuh /keZ dk ikyu djrs gq, jgsxh ,oa ifr] lkl&llqj ds lkFk dksbZ nqO;ZO;ogkj ugha djsxh ifr ds lgefr ls gh vius ek;ds ;k vU; txg ij tk;sxhA

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3- ;g fd izFke i{k ds ekrk&firk ,oa vU; dksbZ laca/kh ifr&iRuh ds laca/kksa esa dksbZ n[kyvankth ugha djsxsa oSls gh f}rh; i{k ds ekrk&firk] HkkbZ ,oa vU; dksbZ laca/kh izFke i{k ds ifjokj ,oa ifr&iRuh ds lac/kksa esa dksbZ n[kyvankth ugha djsxsaA

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4- ;g fd nksuksa i{kksa ds chp vPNk lEcU/k jgus ij rhu ekg esa nksuksa i{k fuEu U;k;ky; esa yfEcr dsl dks bl le>kSrk i= ds vk/kkj ij lekIr djok ysxsaA

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5- ;g fd nksuksa i{k mijksDr vuqca/k dks i<+ o i<+okdj ,oa le>dj vius iwoZ fookn dks lqyg djrs gq, vius&vius gLrk{kj fd;saA ”

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The learned counsel for the petitioner (husband) and

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the Opposite Party No. 2 (wife) jointly submit that they are living together peacefully and there is no matrimonial dispute. It is further submitted that the petitioner and the Opposite Party

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Patna High Court CR. MISC. No.33661 of 2019(6) dt.13-12-2019 3/3

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No. 2 have decided to withdraw/get the criminal cases lodged against each other quashed. Liberty is granted to the parties to do the needful with regard to the same.

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Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bikramganj, Rohtas in connection with Complaint Case No. 481 of 2017 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

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(Mohit Kumar Shah, J)

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S.Sb/-

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U T

Suzarjan Kumar @ Suranjan Kumar v. the State of Bihar

Case brief

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Suzarjan Kumar @ Suranjan Kumar v. the State of Bihar

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