Chandan Kumar Roy Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Chandan Kumar Roy Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Release on bail in the event of arrest or surrender before the learned Court below within six weeks, on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to Section 438 (2) Cr.P.C. conditions and compliance with the Mediator's report dated 18.11.2024; non-compliance exposes the bail to cancellation on application by opposite party no. 2.

Issue for consideration

Whether the petitioner, who apprehends arrest in a case registered under Sections 498(A) of the Indian Penal Code and Section 4 of the D.P. Act (Gaya Complaint Case No. 1457 of 2017), ought to be released on bail in the event of his arrest or surrender, given the settlement arrived at between the parties in mediation.

Court's answer

Since the dispute has already been resolved between the parties pursuant to the mediated settlement, the petitioner is to be released on bail, in the event of his arrest or surrender before the Court below within six weeks, on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to the conditions under Section 438 (2) of the Cr.P.C., in connection with Gaya Complaint Case No. 1457 of 2017.

Ratio / Principle

The petitioner is directed to comply with the learned Mediator's report dated 18.11.2024; if he fails to comply, opposite party no. 2 would be at liberty to file an application for cancellation of bail.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Anjani Kumar Sharan, J.), CRIMINAL MISCELLANEOUS No.59444 of 2024, order dated 05-12-2024 — Petitioner apprehending arrest in Gaya Complaint Case No. 1457 of 2017 for offences punishable under Sections 498(A) of the Indian Penal Code and Section 4 of D.P. Act — Matter earlier referred on 25.09.2024 to the Patna High Court Mediation and Conciliation Centre; Mediator's report dated 18.11.2024 recorded a settlement between the parties — Dispute having been resolved, petitioner directed to be released on bail in the event of arrest or surrender within six weeks on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each, subject to the condition under Section 438 (2) of the Cr.P.C. — Petitioner to comply with the Mediator's report dated 18.11.2024; on default, opposite party no. 2 at liberty to seek cancellation of bail.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59444 of 2024

Arising Out of PS. Case No.-1457 Year-2017 Thana- GAYA COMPLAINT CASE DistrictGaya

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

Chandan Kumar Roy Son Of Late Ram Sharan Roy Village- Manikpur, PsKurtha, Dist- Arwal

... ... Petitioner/s

Versus

The State of Bihar

Smt. Swati Kumari @ Vidya Wife Of Chandan Kumar Roy VillageSwarajpuri Road, Near Bank Of Barauda, Ps- Kotwali, Dist- Gaya

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Shailesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Dilip Kumar No.1, APP Mr. Durgesh Nandan, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

4 05-12-2024 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A) of the Indian Penal Code and Section 4 of D.P. Act.

By order dated 25.09.2024, this matter was referred to the Patna High Court Mediation and Conciliation Centre to resolve the dispute between the parties.

The learned Mediator vide its report dated 18.11.2024 has, inter alia, reported that a settlement has been arrived at between the parties as per the terms and conditions as mentioned in the report.

As the dispute has already been resolved between

Patna High Court CR. MISC. No.59444 of 2024(4) dt.05-12-2024 2/2

the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Gaya Complaint Case No. 1457 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

The petitioner is directed to comply the learned Mediator’s report dated 18.11.2024, if the petitioner will not comply learned Mediator’s report dated 18.11.2024, then the opposite party no. 2 would be at liberty to file an application for cancellation of bail.

(Anjani Kumar Sharan, J)

anand/- U T