Nitish Kumar Pandey @ Nitish Pandey v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7027 of 2019 Arising Out of PS. Case No.-1949 Year-2017 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== NITISH KUMAR PANDEY @ NITISH PANDEY, S/O- Balmukumd Pandey Resident of Village- Barma, P.S. Gurua, Dist. Gaya ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Nitu Devi, W/O Balmukund Pandey, Resident of Village- Verma, at present residing at Village- Mahtab Bigha, P.S.- Paraiya, District- Gaya. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Indrajesh Kumar For the Opposite Party/s :

Ms.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-06-2019 Petitioner seeks bail in anticipation of his arrest in connection with Gaya Complaint Case No. 1949 of 2017 registered for the offences punishable under Sections 323, 379, 498A of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act. Allegation against the petitioner and other accused persons is of demanding Rs.2 lacs for doing business and for nonfulfilment of demand the assaulted the complainant and ousted her from the matrimonial house.

Submission of learned counsel for the petitioner is that he is still ready to keep the complainant with him with dignity and care. On appearance of opposite party No.2 the matter was referred to the Patna High Court Mediation and Conciliation Centre and the report of the Mediator at Flag 'A' shows that in spite of best

Patna High Court CR. MISC. No.7027 of 2019(5) dt.25-06-2019 2/2 and sincere efforts mediation could not succeed. None appears on behalf of opposite party No.2. Heard learned APP also.

From perusal of the complaint petition it appears that the complainant has made allegation that petitioner married with another lady and kept her at his working place.

Having heard both sides and considering the fact that petitioner is ready to keep her and mediation has failed and none appears on behalf of opposite party No.2, in such view of the matter, the provisional bail granted to the petitioner vide order dated 13.3.2019 is confirmed on the condition that petitioner shall pay an amount of Rs.2000/- per month to opposite party No.2 as maintenance amount for a period of one year, which will be subject to the result of maintenance case, if any, filed by opposite party No.2. With the above observation, this application is disposed of.

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