Sudhir Kumar Sahil @ Sudhir Kumar (Sahil) v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13649 of 2019 Arising Out of PS. Case No.-51 Year-2018 Thana- MAHILA P.S. District- Sheikhpura ====================================================== Sudhir Kumar Sahil @ Sudhir Kumar (Sahil), Son of Dasrath Raut, Resident of Village- Katra Chowk, P.S.- Sheikhpura, District- Sheikhpura. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Priti Kumari, w/o Sudhir Kumar Sahil D/o late Murari Raut, R/o Villge Shertar, P.S. Aatri, District Gaya.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-07-2019 This is an application for grant of anticipatory bail in connection with Sheikhpura (Mahila) P.S. Case No.51 of 2018, disclosing offences under Sections 498A, 406, 34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. Allegation against the petitioner is of assaulting his wife/complainant and torturing her for demand of Rs.10,00,000/-.
On appearance of the opposite party no. 2, the matter was referred to the Patna High Court Mediation & Reconciliation Center, vide order dated 02.05.2019. The report of Mediator is available on record at Flag "P" which disclosed that in spite of sincere efforts the dispute between the parties could not resolve.
Submission of learned counsel for the petitioner is
Patna High Court CR. MISC. No.13649 of 2019(5) dt.22-07-2019 2/3 that petitioner is ready for one time settlement. On the other hand, learned counsel for the opposite party no.2 has submitted that she is ready to reside with the petitioner and up till now, not a single penny has been paid by him towards her maintenance whereas she is residing separately since 2018.
Having heard both sides, considering the above facts and circumstances, as stated above, let the petitioner, above named, surrender before the learned court below on 31.07.2019 and on condition that if he is not ready to keep her with him, he shall pay Rs.3000/- per month to the opposite party no.2 for a period of one year, till either interim or final order is passed by the Family Court in maintenance case, if any, filed by the opposite party no.2.
It is also made clear that if the petitioner fails to pay the above maintenance amount continuously for three months, the opposite party no.2 is at liberty to move for cancellation of his bail bonds before the court below itself. Accordingly, this application is disposed of with the above direction.
(Vinod Kumar Sinha, J) Sunil Shukla/- U T
Patna High Court CR. MISC. No.13649 of 2019(5) dt.22-07-2019 3/3