Sushil Pathak @ Sushil Kumar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2197 of 2020 Arising Out of PS. Case No.-162 Year-2019 Thana- DAUDPUR District- Saran ====================================================== Sushil Pathak @ Sushil Kumar Pathak Son of Hridyanand Pathak Resident of Village - Laguni, P.S.- Daudpur, Distt - Saran at Chhapra. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shatrughan Pandey For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2022 Heard learned counsel for the petitioner and learned APP for the State. None appears on behalf of the informant despite repeated calls.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498(A)/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The accusations are of making assault for nonfulfillment of dowry demand, making an attempt to kill the informant and ousting her from her matrimonial

2/4 house.

It is submitted by learned counsel for the petitioner that the petitioner tried his best to resume the conjugal life with the informant but the informant herself does not want to live with the petitioner. The petitioner is still ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 9 of the petition.

None is appearing on behalf of the informant. In the alternative, the petitioner is ready to make payment of Rs. 2000/- per month to the informant 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. 2000/- of this month i.e. April, 2022 to the informant before filing of the bail bonds and from May, 2022, he shall continue making payment of Rs. 2000/- per month by 1st week of every month in the bank account of the informant.

3/4 The petitioner also undertakes to arrange the bank details of the informant either from the advocate who has entered appearance on behalf of the informant or from any other source.

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 Additional Chief Judicial Magistrate, Saran at Chapra in connection with Daudpur P.S. Case No. 162 of 2019, 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. 2000/- by the petitioner in the account of the informant.

4/4 The aforesaid payments will be subject to any order passed in matrimonial or maintenance proceedings.

(Sunil Kumar Panwar, J) Shageer/- U T