This order grants bail to the petitioner in a case involving allegations of dowry harassment and torture under Sections 498A IPC and Dowry Prohibition Act, considering a mediation settlement and repayment of Rs. 6 lacs.
Petitioner released on bail of Rs. 10,000 with two sureties of the same amount for four weeks subject to compromise terms.
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.75242 of 2018
Arising Out of PS. Case No.-312 Year-2018 Thana- JAKKANPUR District- Patna
======================================================
Arun Kumar @ Arun Deo Kumar, son of Mrintunjay Kumar, resident of Mohalla-Postal Park, Road No. 2, Opposite Anand Marg School, Near Brijbala Bhawan, P.S.- Kankarbag, District- Patna.
Versus
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dilip Kumar For the Opposite Party/s : Mr.Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
6 25-06-2019 Heard learned counsel for the parties.
The petitioner apprehends his arrest in connection with Jakkanpur P.S.Case No. 312 of 2018 registered under Sections 498A of the Indian penal Code and 3 and 4 of the Dowry Prohibition Act.
Allegation against the petitioner is of torturing the daughter of the informant and demand of dowry.
Submission of learned counsel for the petitioner is that matter was referred to the mediator for settlement between the parties i.e., husband and wife and the report of the mediator dated 03.05.2019 is on record. Learned counsel submits that it has been accepted by O.P.No. 2 that as per terms of compromise
Patna High Court CR. MISC. No.75242 of 2018(6) dt.25-06-2019 2/2
before the learned mediator, a sum of Rs. 6 lacs, by cheque bearing no. 019452 dated 20.05.2019, has been paid to O.P.No. 2 as one time settlement.
From perusal of mediator report, it appears that both parties have resolved their disputes and a sum of Rs. 6 lacs has been accepted by the O.P.No. 2.
Having heard both sides and in the facts and circumstances, as stated above, let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM 1st Patna in connection with Jakkanpur P.S. Case No. 312 of 2018; subject to conditions as mentioned in the terms and conditions of compromise as well as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J)
sujit/-
U
2 issues framed by the court
Whether the petitioner can be granted bail in Sections 498A IPC and Dowry Prohibition Act cases pending mediation proceedings.
Whether the terms of the compromise and mediator report are valid grounds for granting bail.
3 provisions across 3 enactments
Arun Kumar
The State Of Bihar
Ranju Kumari
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
