Allowed

Rupesh Kumar Yadav @ Rupesh Kr. Yadav v. The State of Bihar

Patna HC9 May 2023CR. MISC./33999/2022

Case brief

AI extract

What is this about?

In a matrimonial dispute under Section 498A IPC, the High Court directed the petitioner to secure a one-time settlement. Upon successful execution and acknowledgment within specified timelines, pre-arrest bail was ordered subject to conditions.

What did the court decide?

Pre-arrest bail permitted upon furnishing acknowledgment of one-time settlement within four weeks of appearing before the court below, posting bail bond of Rs. 10,000 with two sureties.

Rupesh Kumar Yadav @ Rupesh Kr. Yadav Vs The State of… — Service and Employment | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33999 of 2022

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Arising Out of PS. Case No.-180 Year-2020 Thana- MANIHARI District- Katihar

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

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Rupesh Kumar Yadav @ Rupesh Kr. Yadav Son of Puran Yadav R/o VillageKumaripur, P.S.- Manihari, District- Katihar

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... ... Petitioner/s

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Versus

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The State of Bihar

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Niro Yadav Son of Late Hem Narayan Yadav R/o Village- Sabda, P.S.Falka, District- Katihar

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Priyanka Devi D/o- Niro Yadav, W/o- Rupesh Kumar Yadav @ Rupesh Kr. Yadav R/o Village- Sabda, P.S.- Falka, District- Katihar

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... ... Opposite Party/s

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

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Appearance :

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For the Petitioner/s : Mr.Rajendra Prasad Sah, Advocate. For the Opposite Party No.2: Mr. N. K. Agrawal, Sr. Advocate. Mr. Jyoti Ranjan Jha, Advocate. Mr. Kumar Rajdeep, Advocate. For the State : Mrs. Anita Kumar, APP. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

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ORAL ORDER

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8 09-05-2023

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Heard Mr. Rajendra Prasad Sah, learned counsel

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appearing on behalf of the petitioner and Mr. N. K. Agrawal, learned senior counsel assisted by Mr. Jyoti Ranjan Jha and Mr. Kumar Rajdeep, learned counsel for the opposite party no.2 and Mrs. Anita Kumr, learned APP for the State.

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The petitioner seeks pre-arrest bail in connection with Manihari P.S. Case No. 180 of 2020 registered for the offence punishable under Section 498A of the Indian Penal Code.

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The present case relates to matrimonial dispute between the petitioner and the opposite party no.3 who is daughter of opposite party no.2.

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Patna High Court CR. MISC. No.33999 of 2022(8) dt.09-05-2023 2/2

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Learned counsel appearing on behalf of the petitioner informs this Court that the mediation has failed. However, it has been informed by learned counsel appearing on behalf of both the parties that they have agreed to resolve their dispute by one time settlement and the petitioner is ready to credit the agreed amount by way of any instrument or in bank account of the opposite party no.2.

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This Court finds that in the interest of justice, petitioner must take appropriate steps to arrive at mutual agreement for one time settlement within a period of six weeks till then no coercive steps.

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If the petitioner produces the acknowledgment of payment of agreed amount between the parties, the court below is directed to release the petitioner on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Katihar in connection with Manihari P.S. Case No. 180 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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(Purnendu Singh, J)

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mantreshwar/- U T

Rupesh Kumar Yadav @ Rupesh Kr. Yadav v. The State of Bihar

Case brief

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Rupesh Kumar Yadav @ Rupesh Kr. Yadav v. The State of Bihar

Case brief

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