Prabhat Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15494 of 2022 Arising Out of PS. Case No.-66 Year-2021 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== Prabhat Ranjan Son Of Shri Ganesh Lal Singh Resident Of Vill- Chandpur, P.S- Falka,(Pothia), Dist- Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kumari Smita W/O- Prabhat Ranjan, D/O- Sri Shyam Sundar Mehta Resident Of Vill- Chandpur, P.S- Falka,(Pothia), Dist- Katihar, Presently Residing At Village- Madhuvan, P.S- Udakishunganj, Dist- Madhepura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyendra Rai For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2022 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498(A), 494, 504, 506, 34 of the Indian Penal Code and Section 3/ 4 of the Dowry Prohibition Act. The accusations are of torture, assault, making an attempt to kill the informant and performing second marriage.

It is submitted by learned counsel for the

2/4 petitioner that the petitioner tried his best to resume the conjugal life with the informant but she did not agree to live with the petitioner. The informant is a quarrelsome lady and never want to live with the petitioner. The petitioner is still ready to keep the informant with dignity and honour. The petitioner also denies to perform second marriage.

Learned counsel appearing on behalf of the informant has submitted that torture has been inflicted upon the informant. The petitioner has performed second marriage. Hence, she is not ready to live with the petitioner.

In the alternative, the petitioner is ready to make payment of Rs. 20,000/- as interim maintenance to the informant before filing of the bail bonds. The petitioner also undertakes to make payment of Rs. 20,000/- per month to the informant by depositing the same in her bank account commencing from the month of October, 2022.

3/4 The learned counsel appearing on behalf of the informant has accepted the offer of the petitioner and undertakes to provide bank account details of the informant to the petitioner as early as possible. Considering the aforestated facts, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Udakishunganj, Madhepura in connection with Udakishunganj P.S Case No. 66 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 20,000/- by the petitioner in the account of the informant.

4/4 The aforesaid payments will be subject to any order passed in matrimonial or maintenance proceedings.

(Sunil Kumar Panwar, J) Shageer/- U T