Patna High CourtCR. MISC./41783/2017disposed

Ram Naresh Sharma @ Naresh Thakur v. State Of Bihar And ANR

2017-11-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41783 of 2017 Arising Out of PS.Case No. -33 Year- 2016 Thana -IMAMGANJ District- GAYA ====================================================== Ram Naresh Sharma @ Naresh Thakur, Son of Lakshmi Thakur, R/o Village- Gewalganj, P.S.- Imamganj, District- Gaya. .... .... Petitioner

Versus

1. The State of Bihar.

2. Lakho Devi @ Sweta Devi W/o Natesh Thakur, D/o Vijay Thakur, R/o Village- Gewalganj, Tola Babhandih, P.S.- Imamganj, District- Gaya, presently R/o Village- Gopalpur, P.O.- Gopalpur, P.S.- Sherghati, DistrictGaya. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Prabhat For the Opposite Party/s : Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Imamganj P.S. Case No. 33 of 2016, registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

Petitioner is husband and the case is under Section 498A IPC.

Submission of learned counsel for the petitioner is that he is in custody for five months and he has falsely been implicated in this case.

Heard learned APP and learned counsel for the

Patna High Court Cr.Misc. No.41783 of 2017 (3) dt.06-11-2017 2/2 informant. They have opposed the prayer for bail stating that earlier matter was compromised but again petitioner has committed the same offence and he is not ready to give maintenance to his wife.

Having heard both sides and in view of facts and circumstances, as stated above, this application is disposed of with a direction to the trial court to mediate between the parties so that petitioner gives some interim maintenance to his wife, opposite party No.2 and if petitioner is ready to pay any reasonable maintenance amount to his wife either in lump sum or in instalment, the court below will release the petitioner on bail to its own satisfaction, otherwise the court below will pass appropriate order as he may deem fit and proper.

(Vinod Kumar Sinha, J) spal/- U