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2026 DAILYLAW 29323 (PAT)

Hemant Moodgal v. The State of Bihar

CR. MISC./37730/2026 · 2026-08-13

Ajit Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37730 of 2026 Arising Out of PS. Case No.-196 Year-2026 Thana- BAHERI District- Darbhanga ====================================================== Hemant Moodgal Son of Dilip Kumar Chaudhary @ Dilip Chaudhary Resident of Village- Paghari, P.S.- Baheri, District- Darbhanga ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Girish Chandra Jha, Adv. For the Opposite Party/s : Mr. Zainul Abedin, APP For the Informant : Mr. Saurav Anand, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 3 13-08-2026 Heard learned counsel for the parties. 2. Pursuant to the order dated 01.07.2026, the case was referred to the Mediation Center. 3. Learned counsel for the petitioner submits that the parties were directed to appear before the Mediation Center. He further submits that the Mediator’s report dated 07.08.2026 passed in Mediation Proceeding No. 915 of 2026 arising out of Cr. Misc. No. 37730 of 2026 goes to show that the parties have agreed to settle their dispute with the consent and sweat will on the basis of following terms and conditions:- “1. That both the parties are ready to live together as husband and wife. 2. That the petitioner is ready to keep her wife along with child with full honour and dignity. He also assured that he will fulfil all requirements to his wife as Patna High Court CR. MISC. No.37730 of 2026(3) dt.13-08-2026 2/3 per his Income. 3. That the family members of any of the parties shall not interfere in their matrimonial life. 4. That petitioner will properly take care of the education of his child. 5. That the aforesaid contents of the agreement have been read over and explained into Hindi, which have fully been understood and accepted by the parties” 4. The Informant is represented by Sri Saurav Anand who does not dispute the conditions in reference to the Mediator’s report dated 07.08.2026. 5. Considering the fact that the issues have been resolved between the parties, this Court is inclined to grant privilege of anticipatory bail to the petitioner in order to give quietus to the dispute between them. 6. Accordingly, let the petitioner, above named, be released on anticipatory bail in the event of his arrest or surrender before the court below within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Baheri P.S. Case No. 196 of 2026, subject to the condition as laid down under Section 482(2) of the B.N.S.S. as well as the following conditions: Patna High Court CR. MISC. No.37730 of 2026(3) dt.13-08-2026 3/3 (i) One of the bailors should be the family member/relative/known of the petitioner who shall provide official document / personal affidavit to show his/her bona fide; (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. rishi/- (Ajit Kumar, J) U T