Subodh Bin v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21680 of 2016 Arising Out of PS.Case No. -371 Year- 2014 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Subodh Bin S/o Chhangur Bin Resident of Village- Pechkahar, PS Gaunaha, district West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sita devi W/o Subodh Bin, D/o Mangal Bin Village Balkahwa, PS chiutaha, District West champaran.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Pushpa Sinha 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 08-08-2016 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the complainant was granted provisional regular bail on the ground that after release he should make effort to resolve the issue before the Mediation and Conciliation Centre of State Legal Services Authority.
It appears from the report of the Mediator dated 03.08.2016 that the mediation has failed.
The petitioner and the complainant are present in the Court.
Counsel for the complainant submits that the
Patna High Court Cr.Misc. No.21680 of 2016 (03) dt.08-08-2016 2/3 complainant is ready to resume the conjugal life whereas it is submitted by learned counsel for the petitioner that the petitioner now is not in a position to keep her, though, the petitioner is ready to make payment of Rs.1,800/- per month from September, 2016 to the complainant by depositing the same in her account by second week of every succeeding month.
Counsel for the complainant submits that the complainant is ready to accept the offer of the petitioner and undertakes to submit the bank account number on affidavit before the learned court below within a period of three weeks. Considering the present stand of the parties, the provisional bail granted to the petitioner vide order dated 17.05.2016 is, hereby, confirmed in connection with Complaint Case No. C-371 of 2014 pending in the court of learned SDJM, Bagaha, West Champaran.
The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings.
Three consecutive defaults in making payment will give liberty to the complainant to file application for cancellation of bail of the petitioner.
Patna High Court Cr.Misc. No.21680 of 2016 (03) dt.08-08-2016 3/3 The present order, in no way, will preclude the parties to resolve the issue otherwise.
DKS/ (Dinesh Kumar Singh, J.) U T