Dharamdeo Sah v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14631 of 2019 Arising Out of PS. Case No.-45 Year-2018 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Dharamdeo Sah, Son of Ramcharitar Sah, Resident of Village - Pahsara, P.S. Naokothi, District - Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Meera Kumari Wife of Dharamdeo Sah Daughter of Brajeshwar Sah, Resident of Village - Papraur, P.S. Barauni, District - Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-07-2019 This is an application for grant of anticipatory bail in connection with Naokothi P.S. Case No. 45 of 2018, disclosing offences under Sections 498A/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of torture and assault to the informant-wife with respect to demand of Rs.10,00,000/- and further allegation is that in spite of the fact that she is residing separately, the petitioner is not even maintaining his three children.

On appearance of the opposite party no.2, the matter was referred to the mediation center, but she is not ready to reside with the petitioner, even she is not ready for one time

Patna High Court CR. MISC. No.14631 of 2019(4) dt.26-07-2019 2/3 settlement, rather she is only interested in getting maintenance, but she has not filed any maintenance case up till now. On the other hand, the opposite party no.2 has appeared and opposed the prayer for anticipatory bail on the ground that petitioner at least bear the expenses of one child, as she is unable to bear the expenses of all her children. Having heard both sides, in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the learned court below by 05.08.2019 and on surrender, he will be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Judicial Magistrate, Ist, Begusarai, in connection with Naokothi P.S. Case No.

45 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that if any, maintenance case is filed by the opposite party no.2, a copy of which is personally served on the petitioner, he has to appear before the Family Court in that case and will co-operate in disposal of the same and further will abide by any order either interim or final passed by the Family Court.

With the aforesaid observations, this application is

Patna High Court CR. MISC. No.14631 of 2019(4) dt.26-07-2019 3/3 disposed of.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T