Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1562 of 2020 Arising Out of PS. Case No.-2055 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Deepak Kumar S/o- Ram Prabesh Prasad R/o- Manga Kuan (Pain Par) Bari Pahati, Biharsharif, P.S.- Laheri, District- Nalanda, Bihar- 803118. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Sadhna Sinha Wife of Sri Deepak Kumar, Daughter of Sri Subhash Prsad Sinha Resident of - Panchsil Nagar, Gandhi Lane Road No. -3, P.O. and P.S.- Digha, District- Patna, Pin Code- 800012.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tej Kumar Maharaj For the Opposite Party/s :
Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-06-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a complaint case wherein cognizance has been taken under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
The accusation is of making assault for nonfulfillment of dowry demand and ousting the complainant from her matrimonial house.
It is submitted by learned counsel for the
2/4 petitioner that petitioner is innocent and he has falsely been implicated in this case. The informant, of her own left her matrimonial house. The informant is a quarrelsome lady and she herself does not want to live with the petitioner.
It appears that vide order dated 30.03.2022, notices were issued to the complainant on the address given in the complaint petition. The report of service of notice suggests that complainant was not found on the address given in the complaint petition.
In the alternative, the petitioner is ready to make payment of Rs. 6000/- per month to the complainant by depositing the same in her bank account by 1st week of every month.
The petitioner undertakes that he shall pay the monthly payment of Rs. 6000/- of this month i.e. June, 2022 to the complainant before filing of the bail bonds and from July, 2022, he shall continue making payment of Rs. 6000/- per month by 1st week of every month in
3/4 the bank account of the complainant.
The petitioner also undertakes that he shall take the necessary details of the bank account of the complainant from his own resources.
Considering the aforestated facts, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Patna in connection with Complaint Case No. 2055(C) of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 6000/- by the petitioner in the account of the complainant.
The aforesaid payments will be subject to any
4/4 order passed in matrimonial or maintenance proceedings.
(Sunil Kumar Panwar, J) Shageer/- U T