IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32001 of 2009 VIVEK RANJAN Son of Shri Beni Pd. Singh, resident of Village-Pokhar Bhinda, Police Station-Sahiyara, District-Sitamarhi. Versus STATE OF BIHAR ----------- 3 14/9/2009 Heard counsel for the petitioner, counsel for the State as also counsel for the Informant. At the end of the day the allegations on account of which petitioner is in custody, seems to be out and out a matrimonial dispute. True it is that the offences alleged may have also ingredient of a prima-facie case against the petitioner, but even then all said and done, it would be the life of at least four persons which is directly linked with the fate of the petitioner. The petitioner has as on date the wife, Informant of this case, who is not residing with him for a long time, i.e, about eight years. The petitioner has filed a petition of divorce against her which is pending. The informant wife has also filed the present criminal case against the petitioner alleging mental and physical torture as also performing second marriage by the petitioner in her life time. The petitioner has also a son from the Informant who is studying in Class-IV in Public School at Delhi. At the same time the petitioner is said to have second wife and an issue from her. This case was accordingly heard on 10.9.2009 and the parties today have agreed for the settlement of their entire disputes on the following terms and conditions:- (I)The husband-petitioner shall pay a sum of 2 Rs.7,000/- per month from today, i.e, from the month of September, 2009. Such payment shall be deducted from the salary of the petitioner by his employer and will be directly deposited in the Bank Account of the Informant-opposite party. This payment of Rs.7,000/- will continue for rest of life of the Informant and even after retirement of the petitioner from service the payment of such amount shall be continued from the resources of the petitioner. (II)The petitioner and the Informant shall file a joint petition seeking mutual divorce and the court below upon making enquiry from the opposite party no.2, the Informant, that she has been paid her amount of maintenance and arrangement has been made in this regard, would allow such mutual divorce. (III) Upon dissolution of marriage of the petitioner with opposite party no.2, the informant by virtue of mutual divorce the present criminal case shall also stand withdrawn on the basis of joint application filed by opposite party no.2 and the petitioner. (IV) Any earlier amount payable by the petitioner to the informant under any judicial 3 order, including arrears thereof shall be paid by the petitioner to the informant without disturbing earlier arrangement of payment of Rs. 7000/- per month. Such amount of arrears in terms of order of the court below in the maintenance case, i.e, Rs.69646/- shall be paid by the petitioner within a period of four months from the date of his being released on bail. (IV) The petitioner, however, will not be liable to pay the aforementioned amount of Rs.2000/- from the month of September, 2009 as the said amount of Rs.2000/- per month would stand merged in Rs. 7000/- per month. The petitioner shall give personal undertaking with regard to complying aforementioned terms and conditions and upon such undertaking the petitioner, namely, Vivek Ranjan, shall be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in Sahiyara P.S. Case No. 80 of 2008. Abhay Kumar (Mihir Kumar Jha, J.)