Allowed

Rakesh Kumar @ Rakesh Kumar Raut v. The State of Bihar

Patna HC3 Jul 2019CR. MISC./5183/2019

Case brief

AI extract

What is this about?

This High Court granted bail to the petitioner in a matrimonial offence involving Sections 498A IPC and Dowry Prohibition Act. Bail was conditional upon surrendering and abiding by terms of settlement reached during court-mediated reconciliation.

What did the court decide?

Petitioner allowed to surrender and be enlarged on bail by furnishing bond and sureties subject to abiding by settlement terms.

Rakesh Kumar @ Rakesh Kumar Raut 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.5183 of 2019

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Arising Out of PS. Case No.-165 Year-2018 Thana- MAHNAR District- Vaishali

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

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Rakesh Kumar @ Rakesh Kumar Raut, son of Lakhindra Raut, Resident of Village- Deshrajpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Anurag Singh, Advocate For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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4 03-07-2019

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This is an application for grant of anticipatory bail in connection with Mahnar P.S. Case No. 165 of 2018, disclosing offences under Sections 498A, 494 of the Indian Penal Code and Section ¾ of Dowry Prohibition Act.

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Case is under Section 498-A of the IPC.

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On appearance of the opposite party no. 2, the matter

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was referred to the Patna High Court Mediation & Reconciliation Center, vide order dated 27.03.2019. The report of Mediator is available on record at Flag “E” which disclosed that the dispute between the parties has been resolved and the terms of settlement mutually agreed upon them, which is attached with the mediator’s report. The Mediator’s report disclosed that both the parties are ready to live together and the

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Patna High Court CR. MISC. No.5183 of 2019(4) dt.03-07-2019 2/3

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opposite party no.2 is ready to got her matrimonial home and the petitioner is ready to keep her. It is also agreed between them that they withdraw the cases filed against each other.

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Learned counsel for the petitioner and learned counsel for the opposite party no.2 have admitted the aforesaid facts. However, learned counsel for the opposite party no.2 has some apprehension regarding the conduct of the petitioner.

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Having heard both sides, considering the above facts and circumstances, as stated above, let the petitioner surrender before the learned court below by 11.07.2019 and on surrender, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned A.C.J.M. -VI, Vaishali at Hajipur, in connection with Mahnar P.S. Case No. 165 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with further condition that he is to abide by the terms of the compromise.

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It is also expected that both the parties shall abide by the conditions mutually agreed upon them.

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Let a copy of Mediator’s report along with terms of agreement be sent to the court concerned for needful.

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Patna High Court CR. MISC. No.5183 of 2019(4) dt.03-07-2019 3/3

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With the aforesaid observations, this application is

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allowed.

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(Vinod Kumar Sinha, J)

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Sunil Shukla/-

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U T

Rakesh Kumar @ Rakesh Kumar Raut v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rakesh Kumar @ Rakesh Kumar Raut v. The State of Bihar

Case brief

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What did the court decide?

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