On settlement of withdrawal of all pending cases and willingness for mutual consent divorce, the court granted anticipatory bail on furnishing personal bonds to the trial court.
Petitioner released on anticipatory bail by furnishing personal bail bonds to the satisfaction of the trial court within six weeks of today or upon arrest/surrender.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11196 of 2022
Arising Out of PS. Case No.-32 Year-2021 Thana- MAHILA P.S. District- Kaimur (Bhabua)
======================================================
SADGUNAKAR TIWARI Son of Late Paras Nath Tiwari (whereas, Narmadeshwar Tiwari is Biological father) Resident of Village- Bhabua Ward No.-7, Post Office and Police Station- Bhabua, District- Kaimur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Pathak, Advocate For the Opposite Party/s : Mr. Kalyan Shankar, APP For the Informant : Ms. Kiran Kumari Sharma, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
7 15-09-2022
Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
The petitioner and the informant, in compliance of
the order dated 12.09.2022, were physically present in the Court on 14.09.2022, on 14.09.2022 the case was passed over for today, as the petitioner and the informant intended to get the matter amicably settled.
Today when the matter is taken up, both petitioner and the informant are physically present in the Court along with their respective counsels and the learned counsel for the petitioner in presence of the informant and her counsel has handed over a Demand Draft No. 710217 dated
Patna High Court CR. MISC. No.11196 of 2022(7) dt.15-09-2022 2/3
01.07.2022, in favour of Mahima Kumari (informant) for an amount of Rs. 9 lakh, another Demand Draft No. 710218 dated 01.07.2022, in favour of Mahima Kumari for an amount of Rs. 9 lakh and Demand Draft No. 710219 dated 01.07.2022, in favour of Mahima Kumari for an amount of Rs. 4 lakh, as such a total amount of Rs. 22 lakh has been handed over to the informant in presence of her counsel.
The informant, who is also physically present in the Court, states that she accepts the demand draft willingly by way of one time settlement. The informant further submits that all the cases instituted against the petitioner by her shall be withdrawn before the forum where it is pending presently, the informant next states that she is willing for a divorce by mutual consent and, in the event, if the petitioner will ask her, she will gladly seek divorce based on mutual consent, as now she does not intend to continue with the matrimonial relationship.
The petitioner, who is present in the Court after hearing the informant, submits that on 22.09.2022 he will file an application seeking divorce by mutual consent to which the informant submits that she will readily sign.
Patna High Court CR. MISC. No.11196 of 2022(7) dt.15-09-2022 3/3
In view of the submissions made by the parties, the petitioner, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing personal bail bonds to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mahila (Bhabhua) P.S. Case No. 32 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
Shivam/- U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail given the settlement of cases and mutual consent for divorce.
1 provisions across 1 enactments
Sadgunakar Tiwari
The State of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
