IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.25018 of 2010 PREM KUMAR Versus STATE OF BIHAR ----------- 05. 06.09.2010 Heard learned counsel for the petitioner and counsel for the opposite party no. 2, Archana Kumari @ Pinki. The petitioner is the husband of opposite party no. 2. He has filed this application for grant of anticipatory bail in connection with Complaint Case No. 893 (C) of 2008, instituted for the offence, punishable under section 498 (A) / 379 IPC and section 3/4 of the Dowry Prohibition Act. The case is pending in the Court of SDJM, Biharsharif, Nalanda. During the proceeding of this case, both the parties have shown their inclination to get this matter finally settled. The consented final permanent alimony amount was decided by the parties in consultation with their counsels. The final permanent alimony amount decided was Rs. 14 lacs, payable by the petitioner to opposite party no. 2, Archana Kumari @ Pinki, through demand draft. The petitioner was directed to present the demand draft executed in favour of the opposite party no. 2. 2 In compliance of the direction, Mr. Rana Pratap Singh, Sr. Counsel appearing on behalf of the petitioner, has presented demand drafts, bearing Demand Draft No. 526444, dated 21.08.2010 amounting to Rs. 2 lacs; Demand Draft No. 526445, dated 21.08.2010, amounting to Rs. 2 lacs; Demand Draft No. 764849, dated 21.08.2010, amounting to Rs. 2 lacs; Demand Draft No. 64901, dated 21.08.2010, amounting to Rs. 2 lacs; Demand Draft No. 64888, dated 20.08.2010, amounting to Rs. 2 lacs; Demand Draft No. 526456, dated 23.08.2010, amounting to Rs. 2 lacs; Demand Draft No. 64905, dated 25.08.2010, amounting to Rs. 1 lac; and Demand Draft No. 764873, dated 26.08.2010, amounting to Rs. 1 lac; total amounting to Rs. 14 lacs. The aforesaid 8 demand drafts, amounting to Rs. 14 lscs, is being handed over to Archana Kumari @ Pinki. She will put signature in support of this fact that the demand drafts have already been received by her. Archana Kumari @ Pinki, after accepting demand drafts of Rs. 14 lacs, will not be entitled to claim any amount in future from petitioner as her alimony. 3 The parties have also decided that they will withdraw all cases, filed against each other and pending in one or other Court. So far the petitioner is concerned, he has filed HMA Case No. 01 of 2010 (Prem Kumar Vrs. Smt. Archana Kumar @ Pinki) for a decree of divorce, which is pending in the Court of Addl. District Judge, Karnal in Haryana. The petitioner has made request to opposite parties to appear in the Court and give her consent for divorce decree. The opposite party no. 2 is hesitant in going to Karnal. In such case, she can file her affidavit before the concerned Court through her lawyer, so that the consented divorce decree can be passed, dissolving the marriage in between the parties. The opposite party no. 2 has filed Maintenance Case No. 25 (M) of 2006 and Miscellaneous Case No. 09 of 2010, which are pending before the Principal Judge, Family Court, Nalanda at Biharsharif. She has also filed Complaint Case No. 893(C) of 2008, which is pending in the Court of SDJM, Biharsharif. She will withdraw these three cases by filing an affidavit henceforth. The parties will not 4 pursue the litigation pending before any Court at their instance. The formality of withdrawal of all the cases pending in between the parties, must be completed within two months from today. In view of the aforesaid facts and circumstances, the petitioner, Prem Kumar is granted anticipatory bail in connection with Complaint Case No. 893 (C) of 2008 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub-divisional Judicial Magistrate, Biharsharif, Nalanda on his appearance before the Court within four weeks from today. In case the parties have any other grievance against each other, they have option to get the grievances redressed through discussion with each other. The demand drafts will be encashed by the opposite party no. 2, subsequent to withdrawal of all the cases. SKM (Mridula Mishra, J.)