Rohit Sinha v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4464 of 2019 Arising Out of PS. Case No.-4464 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Rohit Sinha, son of Sri Jiwachh Prasad Sinha, r/o Village -D/71 P.C. Colony,P.S.kankarbagh,distt. Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Smt. Puja Kumari Sinha @ Nisha Kumari Sinha, w/o Shri Rohit Sinha, D/o Shri Ashok Kumar Sinha, r/o Village - Dariyapur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vagisha Pragya Vacaknavi For the Opposite Party/s :
Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-06-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 4464 (C) of 2017 disclosing offences under Sections 498A, 323, 406 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. Allegation against the petitioner is for demand of Rs.25,00,000/- and subjected her to cruelty and harassment. It appears that on appearance of opposite party no.2, the matter was referred to the Patna High Court Mediation & Reconciliation Center, but the report at Flag "M" disclosed that the mediation failed.
Submission of the learned counsel for the petitioner is that he is ready to keep her with dignity and care and is also
Patna High Court CR. MISC. No.4464 of 2019(4) dt.27-06-2019 2/3 ready for one time settlement for whatever the opposite party no.2 is ready but the demand of opposite party no.2 is very excessive and as such, the mediation failed.
Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also, who has opposed the prayer for bail on the ground that she is not ready to reside with the petitioner and she is demanding Rs.8,00,000/- and is ready for one time settlement, but the petitioner is not ready. It has also been submitted that the opposite party no.2 has filed a maintenance case before the Family Court, but up till now, the petitioner has not paid even a single penny.
Having heard both sides, considering the aforesaid facts and circumstances, as stated above, let the petitioner, above named, is directed to surrender before the court below on 09.07.2019 and if petitioner is ready to pay Rs.5000/- per month to the opposite party no.2 for a period of one year or till any order has been passed in the maintenance case filed by the opposite party no.2, he will be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned S.D.J.M., Patna, in connection with Complaint Case No.4464(C) of 2017, subject to the condition laid down under
Patna High Court CR. MISC. No.4464 of 2019(4) dt.27-06-2019 3/3 Section 438(2) of the Code of Criminal Procedure with further condition that he will abide by any interim or final order passed by the Family Court in the maintenance case.
But needless to say, that family court shall also take steps for reconciliation between the parties for amicable settlement before proceeding with the trial.
Let a copy of this order be communicated to the Principal Judge, Family Court in the maintenance case. Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Sunil Shukla/- U T