Shivjee Prasad v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.3046 of 2013 (7) dt.20-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3046 of 2013 Arising Out of PS.Case No. -384 Year- 2003 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ====================================================== Shivjee Prasad, son of Raghu Nath Prasad, resident of Purani Bazar, Maharajganj, Police Station- Maharajganj, District- Siwan. .... .... Petitioner.

Versus

1. The State of Bihar.

2. Dharam Sheela Devi @ Juni Devi, D/o Ram Sagar Gupta, resident of Mansoorchauk, P.S. Mansoorchauk,, Post Office, Mansoorchauk, District- Begusarai.

.... .... Opposite Partes.

====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Dhar Jha, Advocate. For the Opposite Party/s : Mr. Rajiv Nayan A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 20-01-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 384C of 2003 registered under Section 498A of the Indian Penal Code.

The complaint case is of the year 2003. The petitioner is husband of the complainant.

Having regard to the facts and circumstances of the case, the above named petitioner in the event of his arrest/surrender within a period of four weeks from today in the court below shall be released on interim bail for four months on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Begusarai, in connection with Complaint Case No. 384C of 2003, subject to condition petitioner will pay maintenance worth Rs. 2000/- per month to the complainant or deposit amount in court below and trial court shall issue notice to the complainant

Patna High Court Cr.Misc. No.3046 of 2013 (7) dt.20-01-2015 and if the complainant appear and enter into compromise that she will live together with petitioner to the satisfaction of the court or if the complainant does not turn up to receive the maintenance of Rs. 2000/- per month for four months, the interim bail granted to the petitioner shall be confirmed and petitioner shall not require to pay maintenance and shall appear in court on each and every date as well as condition as laid down under Section 438 (2) of Cr.P.C. else if the compromise fails and victim wife, opposite party no. 2 receive the amount then the bail shall be confirmed, subject to condition that petitioner shall go on paying the amount till an order passed on maintenance by competent court. m.p.

(Gopal Prasad, J) U T