This court confirmed the anticipatory bail granted to the petitioner in a case involving dowry harassment and physical assault. The dispute was resolved through mediation, and bail is conditioned on abiding by the settlement terms.
Anticipatory bail is confirmed on condition that both parties abide by the terms of the mediation settlement agreement.
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.797 of 2019
Arising Out of PS. Case No.-60 Year-2018 Thana- SONBERSA District- Sitamarhi
======================================================
Manish Chaudhary, son of Lakshmi Chaudhary, R/o Village Mathiya, P.S. Sonbarsa, District Sitamarhi.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Jha, Advocate For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
5 01-07-2019
This is an application for grant of anticipatory bail in connection with Sonbarsa P.S. Case No.60 of 2018, Trial No.2652 of 2018, disclosing offences under Sections 341, 323, 354, 354A, 498A, 379, 504, 34 of the Indian Penal Code.
Case is under Section 498-A of the IPC.
On appearance of the opposite party no. 2, the matter was referred to the Patna High Court Mediation & Reconciliation Center, vide order dated 28.03.2019. The report of Mediator is available on record at Flag “Y” 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 the petitioner is ready to keep her with dignity
Patna High Court CR. MISC. No.797 of 2019(5) dt.01-07-2019 2/2
and care and the opposite party no.2 is also ready to reside with the petitioner. There are some other conditions also mentioned in the terms of agreement.
Learned counsel for the petitioner and learned counsel for the opposite party no.2 have admitted the above facts.
Having heard both sides, considering the above facts and circumstances, as stated above, the provisional bail granted to the petitioner vide order dated 25.01.2019 is confirmed with the condition that both the parties will abide by the terms of agreement agreed upon them.
Let a copy of Mediator’s report along with terms of agreement be sent to the court concerned for needful.
With the aforesaid observations, this application is
allowed.
(Vinod Kumar Sinha, J)
Sunil Shukla/-
U T
1 issue framed by the court
Whether antecedent bail should be confirmed considering the settlement of dispute via mediation report.
2 provisions across 1 enactments
Manish Chaudhary
The State of Bihar
Munia @ Saviya Kumari
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
