Mahabir Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1190 of 2015 Arising Out of PS.Case No. -1987 Year- 2013 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ====================================================== Mahabir Sah .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lalan Kumar Verma For the Opposite Party/s : Mr. Narsing Tanti(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-02-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code. Basic accusation is of torture.

It is submitted by learned counsel for the petitioner that the petitioner has performed second marriage. In that view of the matter, the reconciliation is not feasible.

In the circumstances, the petitioner is ready to pay Rs. 1,500/- per month to the complainant from March, 2015 by depositing the same in the bank account of the complainant by second week of every month.

On instruction, learned counsel for the complainant

Patna High Court Cr.Misc. No.1190 of 2015 (4) dt.05-02-2015 2/2 submits that the she is ready to accept the offer of the petitioner and undertakes to supply her bank account number to the petitioner by filing the same on affidavit before the learned court below within a period of two weeks.

Considering the present stand of the parties, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Bettiah, West Champaran in connection with Complaint Case No. 1987C of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceeding. Three consecutive defaults in making payment by the petitioner will give liberty to the complainant to file an application for cancellation of bail of the petitioner.

(Dinesh Kumar Singh, J) Amrendra/- U T