Allowed

Mahabir Chaudhary v. the State of Bihar and Anr.

Patna HC1 Jul 2019CR. MISC./7449/2019

Case brief

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What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a complaint under Section 498A IPC following a successful mediation settlement where the parties agreed to live separately and the wife agreed to withdraw pending maintenance cases.

What did the court decide?

Order allowing anticipatory bail upon surrender to the lower court by 11.07.2019, subject to posting of a bail bond of Rs. 25,000 and two sureties, with the condition that parties abide by their mutua

Mahabir Chaudhary Vs the State of Bihar and Anr. — Matrimonial and Divorce | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7449 of 2019

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Arising Out of PS. Case No.-955 Year-2017 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad

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Mahabir Chaudhary, son of Sampat Chaudhary, R/O Village- Tarar, P.S.Daudnagar, District- Aurangabad (Bihar).

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... ... Petitioner/s

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Versus

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The State of Bihar.

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Amrita Kumari Mahabir Chaudhary, D/O Dev Nandan Chaudhary, R/O Village- War, P.S.- Madanpur, District- Aurangabad (Bihar).

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Lal Bahadur Singh, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP

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

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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4 01-07-2019

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This is an application for grant of anticipatory bail in

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connection with Complaint Case No. 955 of 2017, disclosing offences under Sections 323, 498A of the Indian Penal Code and Section 4 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 18.02.2019. The report of Mediator is available on record at Flag “P” 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 decided to live separately and

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Patna High Court CR. MISC. No.7449 of 2019(4) dt.01-07-2019 2/3

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both the parties came to the amicable settlement on one time settlement of Rs.1,50,000/- and both the parties will file a divorce petition with consent on payment of Rs.1,50,000/- to the opposite party no.2 and it is also agreed upon them that the opposite party no.2 shall withdraw the maintenance case pending before the Principal Judge, Family Court, Aurangabad and the opposite party no.2 shall file a compromise petition before the S.D.J.M. in the present case.

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Learned counsel for the petitioner and learned counsel for the opposite party no.2, who have admitted the aforesaid facts.

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In such view of the matter, let the petitioner, above named, surrender before the learned court below by 11.07.2019 and on his surrender, the learned court below shall release the petitioner 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 S.D.J.M., Aurangabad, in connection with Complaint Case No. 955 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with further condition that both the parties shall abide by the terms of agreement mutually agreed upon them.

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Patna High Court CR. MISC. No.7449 of 2019(4) dt.01-07-2019 3/3

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Let a copy of Mediator’s report along with terms of

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agreement be sent to the courts concerned for needful.

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With the aforesaid observations, this application is

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allowed.

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Sunil Shukla/-

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(Vinod Kumar Sinha, J)

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U T

Mahabir Chaudhary v. the State of Bihar and Anr.

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Mahabir Chaudhary v. the State of Bihar and Anr.

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