Allowed an application for anticipatory bail in a Section 498(A) IPC case. Granted bail treating a mediation agreement's divorce settlement conditions, modified to expedite the joint petition filing.
Petitioner released on bail on furnishing bond with two sureties and condition to abide by the agreement and expedite divorce proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71418 of 2018
Arising Out of PS. Case No.-104 Year-2018 Thana- BISFI District- Madhubani
======================================================
Ganesh Yadav @ Ganesh Kumar Son of Kailash Yadav Resident of VillageChirmara, Police Station-Keoti, District-Darbhanga.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Ganesh Prasad Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 10-04-2019
This is an application for grant of anticipatory bail in connection with Bisfi P.S. Case No. 104 of 2018, disclosing offences under Sections 341, 323, 498(A), 504, 506, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
Case is under Section 498(A) of the I.P.C. Both the parties have appeared and the matter was referred to the Patna High Court Mediation Center vide order dated 11.12.2018 and the report of the Mediator, which is available at Flag ‘X’, which shows that the dispute between the parties has been resolved and the agreement is attached with the report, which shows that the petitioner will pay total amount of Rs.3,00,000/- out of which Rs.1,00,000/- has already been paid to the opposite party no.2 and rest of the amount of Rs.2,00,000/- will be paid by the
Patna High Court CR. MISC. No.71418 of 2018(3) dt.10-04-2019 2/3
petitioner to the opposite party no.2 in two equal installments of Rs.1,00,000/- and Rs.1,00,000/- will be paid by the petitioner to the opposite party no.2 on or before filing of matrimonial petition for grant of decree of divorce under Section 13(B) of the Hindu Marriage Act, before the Family Court, Darbhanga, and the rest amount will be paid before finalization of said matrimonial proceeding and the agreement also shows that both the parties have to file a joint petition for grant of decree of divorce under Section 13(B) of the Hindu Marriage Act by 18.03.2019.
Submission of learned counsel for the petitioner is that he has already paid Rs.1,00,000/-, but so far filing of petition under Section 13(B) of the Hindu Marriage Act is concerned, as the brother of the petitioner has also lodged a kidnapping case against the informant and others and due to that the petition under Section 13(B) of the Hindu Marriage Act, could not be filed.
Heard learned A.P.P. as well as learned counsel for the informant.
Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court
Patna High Court CR. MISC. No.71418 of 2018(3) dt.10-04-2019 3/3
below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of court concerned with condition to abide by the terms of agreement with modification that he will expedite the matter by filing a joint petition under Section 13(B) of the Hindu Marriage Act and before such petition is filed, the petitioner will pay Rs.1,00,000/- out of Rs.2,00,000/-.
Let a copy of the Mediator’s report along with the memorandum agreement be sent to the court concerned.
(Vinod Kumar Sinha, J)
Amjad/-
U T
2 issues framed by the court
Whether to grant anticipatory bail in a case under Section 498(A) of the IPC.
Whether the petitioner is entitled to bail in light of a mediation agreement resolving the dispute.
3 provisions across 3 enactments
Ganesh Yadav @ Ganesh Kumar
The State Of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
