Pawan Kumar @ Pawan Kumar Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13646 of 2019 Arising Out of PS. Case No.-98 Year-2018 Thana- MAHILA P.S. District- Bhojpur ====================================================== Pawan Kumar @ Pawan Kumar Pandit, Son of Mathura Pandit, Resident of Village- Hanuman Tola, Dharahara, P.S.- Ara Nagar, District- Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sumeet Kumar Singh, Advocate For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-09-2019 This is an application for grant of anticipatory bail in connection with Mahila (Bhojpur) P.S. Case No. 98 of 2018, disclosing offences under Sections 498A, 379, 34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. Case is under Section 498-A of the IPC with an allegation of demand of Rs.2,00,000/- and a colour T.V. and for that, assaulted the informant and ousted her from the house. Submission of learned counsel for the petitioner is that the whole allegation is false and concocted as she only resided three days and left the house, due to which petitioner is not ready to keep her and is ready and as such, no solution is made out.
Heard learned APP as well as learned counsel for the opposite party no.2, they have opposed the prayer for
Patna High Court CR. MISC. No.13646 of 2019(6) dt.02-09-2019 2/3 anticipatory bail on the ground that only after one year of marriage, opposite party no.2 was left and no expenses were provided to her. She is still ready to reside with him. Having heard both sides, in view of the facts and circumstances, as stated above, considering the fact that the matter relates to matrimonial dispute between the husband and wife and there is a chance of settlement between them, this application is disposed of with a direction to the petitioner, above named, to surrender surrender before the learned court below within a period of 08 months from the date of receipt of certified copy of this order and on condition that he will pay Rs. 15000/- per month to the opposite party no.2 for a period of one year. During that period, the opposite party no.
2 may approach the Family Court, Bhojpur at Ara for grant of maintenance and during the proceedings the petitioner has to co-operate the Family Court in reaching the reconciliation the matter between the parties first and it is also made clear that petitioner shall abide by any order either interim or final decided by the Family Court. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.13646 of 2019(6) dt.02-09-2019 3/3 the satisfaction of learned S.D.J.M., Bhojpur at Ara, in connection with Mahila (Bhojpur) P.S. Case No. 98 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
It is needless to say that if the petitioner fails to deposit the amount in the bank account bearing A/C No. 1617000101018626, IFSC Code No. PNB 0161700 of the opposite party no.2 continuously for three months, the bail bonds of the petitioner shall be cancelled.
With the aforesaid observations, this application is disposed of.
(Vinod Kumar Sinha, J) Sunil Shukla/- U T