Niraj Kumar Das v. The State Of Bihar.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 3406 of 2019 Arising Out of PS. Case No.-2312 Year-2014 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Niraj Kumar Das, son of Late Lakshmi Das Resident of Village- Shivdham Tola Madhubani, Police Station- K.Hat, District, District- Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lipika Devi, daughter of Shree Narayan Sah Resident of Village and Police Station- Balia Belon, District- Katihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajendra Prasad Sah For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-04-2019 The petitioner apprehends his arrest in connection with Complaint Case No. 2312 of 2014 registered under Section 498A of the Indian penal Code and 3and 4 of the Dowry Prohibition Act.

Allegation is of subjecting his wife/O.P. No. 2 to cruelty and harassment with respect to demand while she was pregnant. Submission of learned counsel for the petitioner is that whole allegation is false and concocted and petitioner is ready to keep her with full dignity and care.

On the other hand, submission of learned counsel for the O.P. No. 2 is that maintenance case was allowed in favour of O.P.No. 2 in the year 2017 and petitioner was directed to pay Rs.4000/- per month to his wife and Rs. 1500/- to his daughter

Patna High Court CR. MISC. No. 3406 of 2019(5) dt.16-04-2019 2/3 but up till now, not a single penny has been paid but she is still ready to live with the petitioner if she has been paid some amount and allowed to live with dignity.

In such view of the matter, this application is disposed of with a direction to the petitioner to surrender before the court below on 06.05.2019 and file a petition with an affidavit that he is ready to pay a lump-sum amount of Rs. 20,000/- by Bank Draft which he will pay within one month and further he is ready keep his wife. On that day, O.P.No. 2 shall also remain present in court fromwhere petitioner will take O.P.No. 2 to his house for keeping as wife with dignity and care. On which, the court below shall release the petitioner on provisional bail on upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure; for a period of six months and find out Rs.

25,000/- has been paid or not and also watch the marital relationship and conduct of both parties by calling upon them on the first week of every two months.

Patna High Court CR. MISC. No. 3406 of 2019(5) dt.16-04-2019 3/3 deem fit and proper including the cancellation of the bail bond of the petitioner.

(Vinod Kumar Sinha, J) sujit/- U T