IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35726 of 2009 KANTI DEVI, wife of Chandeshwar Choudhary, resident of village- Sri Rampur Ahodhya, P.S.- Tajpur (Pusa), District- Samastipur. … Petitioner. Versus THE STATE OF BIHAR with Cr.Misc. No.32391 of 2009 PANKAJ KUMAR CHAUDHARY @ PANKAJ CHAUDHARY, son of Late Umesh Chaudhary, resident of village- Shri Rampur Ayodhya, P.S.- Tajpur (Pusa), District- Samastipur. … Petitioner. Versus 1. STATE OF BIHAR 2. Binni Chaudhary w/o Pankaj Chaudhary, d/o Sri Chandra Shekhar resident of village- Shri Rampur Ayodhya, P. S. Tajpur (Pusa), District- Samastipur at present c/o Sri Chandra Shekhar Mishra, village- Rauha, P. S. Warisnagar, District- Samastipur. … Opposite party. ----------- 4. 01.04.2010 Heard Mr. Amish Kumar, learned counsel for the petitioners and Mr. Amit Kumar, learned counsel for complainant, opposite party no. 2 in both the cases. While these two applications are definitely for grant of bail, this Court had to dwell upon different aspects for arriving at a permanent settlement arising out of matrimonial dispute between the petitioners, husband and mother-in-law on one side and the wife, on the other. After consideration of the offers which were initially advanced by learned counsel for the petitioners and the predicament in which the complainant, opposite 2 party no. 2 with a minor daughter is placed, learned counsel for the petitioners has voluntarily agreed that the petitioners shall pay a sum of Rs.7.5 lakh to the opposite party no. 2 within a period of three months from today towards the full and final settlement of matrimonial dispute whereafter all the criminal cases, the cases for grant of maintenance and divorce filed against each other shall automatically come to an end. Mr. Amish Kumar, learned counsel for the petitioners would however make a prayer that the payment of amount can only be made if the petitioner, husband released on bail because the lands are in his name and the amount has to be arranged after selling the land. Mr. Anil Kumar, learned counsel for the wife- opposite party no. 2 has accepted such offer of the Counsel for the petitioners. This Court would therefore direct for release of Pankaj Kumar Chaudhary @ Pankaj Chaudhary on provisional bail for a period of three months only and if in this period of three months the petitioners would make payment of agreed amount of Rs.7.5 lakh by depositing the same through bank draft(s) in the name of opposite 3 party no. 2 in the court of Chief Judicial Magistrate, Samastipur and his such provisional bail as also the provisional bail granted to petitioner Kanti Devi by earlier order of this Court dated 29.10.2009 will be confirmed but in the event such amount is not deposited in the prescribed period both of them will again be taken into custody. The said amount of Rs. 7,50,000/- (Seven lac fifty thousand) once deposited by the petitioners in the court of C.J.M., Samastipur will be handed over to the opposite party no. 2in person within a period of one week who would thereafter not only withdraw the criminal case and the case for maintenance filed by her but would also submit her consent for mutual divorce in matrimonial case filed by her husband petitioner. This Court would accordingly direct for release of the petitioner namely, Pankaj Kumar Chaudhary @ Pankaj Chaudhary on provisional bail for a period of three months on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Tajpur (Pusa) P. S. Case No. 230 of 2008 and such provisional bail of both the 4 petitioners would be confirmed only on deposit of the aforesaid amount in the Court. With the aforesaid observations and directions both these applications are finally disposed of. Kanchan (Mihir Kumar Jha, J.)