Deepak Pathak v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.39455 of 2014 (6) dt.09-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39455 of 2014 Arising Out of PS.Case No. -26 Year- 2013 Thana -ARWAL MAHILA District- JEHANABAD ====================================================== Deepak Pathak, son of Sri Ram Pathak, resident of Village - Waina, P.S. Parasbigha, District Jehanbad.

.... .... Petitioner/s

Versus

1. State of Bihar

2. Anuradha Devi, wife of Deepak Pathak, daughter of Lal Krishna Dubey, resident of village - Babanbigha, P.S. Parasi, District Arwal .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jagjit Roshan For the Opposite Party/s : Mr. S.Dayal(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-09-2015 Heard learned counsel for the petitioner and learned counsel for the Opposite Party No. 2.

The petitioner apprehends his arrest in connection with Arwal Mahila P.S. Case No. 26 of 2013 registered for the offences punishable under Sections 498(A), 307, 324/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Both the petitioner and the opposite party no. 2 are present in court and after deep interaction with each of them including their respective fathers, it appears that the girl, in question, is unwilling to go and live with the petitioner as she was tortured physically as well as mentally by her husband. Considering the present situation, this court feels that since the income of the father of the opposite party no. 2 is not

Patna High Court Cr.Misc. No.39455 of 2014 (6) dt.09-09-2015 such as to maintain her, the petitioner is directed to deposit a sum of Rs. 2,000/- (two thousand) per month in the court below by the 15th of each month beginning from today by way of interim arrangement so that the opposite party no. 2 may be able to sustain herself. In the event, petitioner deposits the aforesaid amount by the 20th of this month, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad in connection with Arwal Mahila P.S. Case No. 26 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

It is made clear that if the petitioner fails to deposit the aforesaid amount for two consecutive months, it will be open for the opposite party no. 2 to cancel the bail bond of the petitioner. (Anjana Mishra, J) Jagdish/- U T