Lalit Verma v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11761 of 2015 Arising Out of PS.Case No. -611 Year- 2014 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================
1. Lalit Verma Son of Shri Lalan Prasad Verma Resident of Village - Ishahakpur, P.S. - Mahnar, District - Vaishali .... .... Petitioner/s
Versus
1. The State of Bihar
2. Prativa Kumarik D/o Rajendra Prasad Singh Resident of Village - Bhadwas, P.S. - Mahua, District - Vaishali At present resides at Ishakpur, P.S. - Mahnar, District - Vaishali .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Smt. Anuradha Singh For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-07-2015 Petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The basic accusation is of torture for nonfulfilment of dowry demand. On submission of learned counsel for the petitioner that petitioner is ready to keep the complainant as wife with full dignity and honour, the notices were issued to the complainant/O.P. No. 2. A statement to that effect has been made in para 10 of the petition which reads as follows :- "That petitioner is still ready
Patna High Court Cr.Misc. No.11761 of 2015 (3) dt.31-07-2015 2/3 to keep the complainant as wife with full dignity and honour"
The petitioner and the complainant/O.P. No.
2 are present. The complainant is not ready to accept the offer of the petitioner due to the past conduct of the petitioner. The marriage between the petitioner and the complainant and birth of two children(one boy and girl) are admitted facts. The children are with the complainant.
In the alternative, petitioner is ready to make payment Rs. 1500/- to the complainant for the welfare of the children from September, 2015, by depositing the same in the bank account of the complainant by second week of every succeeding month. The aforesaid offer is acceptable to the complainant who undertakes to supply the bank account number within a period of two weeks by filing the same on affidavit before learned Court below.
Considering the present stand of the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Trial No. 4252 of 2014, arising out of Complaint Case No. 611 of 2014.
Patna High Court Cr.Misc. No.11761 of 2015 (3) dt.31-07-2015 3/3 The above mentioned payment will be subject to any order being passed in matrimonial or maintenance proceeding.
Three consecutive defaults in making payment will give liberty to the complainant to file appropriate application for cancellation of bail of the petitioner. The present order, in no way will preclude the parties to resolve the issue otherwise.
(Dinesh Kumar Singh, J) Shageer/- U T