Jitendra Pandit v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10602 of 2016 Arising Out of PS.Case No. -1913 Year- 2014 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================
1. Jitendra Pandit S/o Ramsukrit Pandit Resident of Village-Saharbanni P.s Alauli District Khagaria.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Lalita kumari W/o Jitendra Pandit, D/o Yogendra Pandit resident of Village- Biratpur PS Sonbarsa Raj , District Saharsa. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Ajit Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-03-2016 Heard learned counsels for the petitioner, complainant and the State.
The petitioner being husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken under Sections 498A and 504 of the Indian Penal Code and section 4 of Dowry Prohibition Act.
The basic accusation is of torture for non fulfillment of dowry demands.
Patna High Court Cr.Misc. No.10602 of 2016 (2) dt.02-03-2016 2/3 Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant and is ready to keep her with full dignity and honour. Statement to that effect has been made in paragraph 9 of the petition which reads as follows: "That the petitioner being husband of complainant is ready to keep his wife with full dignity and honour." It is submitted by learned counsel for the complainant that the offer of the petitioner is not acceptable to the complainant as she is apprehensive of the past conduct of the petitioner. In the alternative, learned counsel for the petitioner submits that the petitioner is ready to make payment of Rs.1000per month from April, 2016 by depositing the same in the bank account of the complainant by second week of every month. Learned counsel for the complainant submits that complainant is ready to accept the offer and undertakes to submit the bank account number on affidavit within three weeks before the learned court below.
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
Patna High Court Cr.Misc. No.10602 of 2016 (2) dt.02-03-2016 3/3 a period of twelve 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 learned SDJM, Saharsa in connection with Complaint Case No. 1913C of 2014 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. The present order will, in no way, preclude the parties to resolve the issue otherwise.
(Dinesh Kumar Singh, J) Anil/- U T