Amit Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16545 of 2020 Arising Out of PS. Case No.-34 Year-2019 Thana- MAHILA PS District- Darbhanga ====================================================== AMIT RANJAN S/o Yogeshwar Poddar R/o village- New Khaja Sarai, P.S.- Laheriasarai, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Kumar Mishra For the Opposite Party/s :
Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-03-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mahila P.S. Case no. 34 of 2019 instituted for the offence under Sections 498(A), 379, 323 and 34 of the Indian Penal Code.
As per allegation in the FIR, petitioner along with his family members has tortured the informant mentally and physically due no non-fulfillment of dowry demand and finally he ousted her from matrimonial home.
It is submitted by learned counsel for the petitioner that petitioner is husband of the informant/O.P. No. 2. He is bank employee and has never demanded any dowry to the
2/4 informant. He is ready to keep the informant as wife with full dignity and honour.
The aforesaid offer of the petitioner has not been accepted by the informant who denies to go to her matrimonial house and live with her husband. However, she prays for some maintenance for her survival as she is a housewife and she is not able to maintain herself.
In the alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give Rs. 3,40,000/-(Three Lakhs and Fourty Thousand) in three installments as arrears of an interim maintenance as well as an amount of Rs. fifteen thousand per month, to the informant for maintenance, subject to furnishing bank account number by the informant to the petitioner.
In the changed circumstance, learned counsel for the informant admits that he shall provide bank account number of the informant to the petitioner within a period of one week from today. On receipt of the bank account number of the informant, the petitioner shall deposit first installment of Rs. 1,40,000/- (One Lakh Fourty Thousand) as an interim maintenance in the account furnished by the informant and after release, the petitioner shall pay further remaining amount of Rs. two Lakh
3/4 in two installments each of Rs. One lakh to the informant at intervals of two month. Side by side petitioner will give Monthly maintenance @ Rs. Fifteen thousand per month in 1st week of every month and commencing from this April. Having heard learned counsel for the parties and considering the submissions made on behalf of the petitioner, this Court is inclined to enlarge him on bail. On furnishing receipt of deposit of Rs. 1,40,000/-(One Lakh and Fourty Thousand) in the account of the informant by the petitioner, the petitioner, above named, in the event of his arrest or surrender before learned Court below within a period of four weeks from today, shall be released on anticipatory bail on furnishing bail bonds of Rs.
10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Darbhanga in connection with Mahila P.S. Case no. 34 of 2019, subject to the conditions as laid down under section 438(2) of the Cr.P.C. The aforesaid payment will be subject to any order passed in the maintenance case for final settlement.
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