Ajay Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18867 of 2019 Arising Out of PS. Case No.-144 Year-2018 Thana- MAHILA P.S. District- Bhojpur ====================================================== AJAY RAM, S/o Madhuban Ram, Resident of Village-Jawahi, Dier, P.S.- Brahampur, District-Bhojpur ... ... Petitioner

Versus

1.

The State of Bihar 2.

Poonam Devi, W/o Ajay Ram, D/o Sanjay Rajak, Resident of VillageKalaiya, P.S-Bihiya, District-Bhojpur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarendra Kumar For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-06-2019 Petitioner seeks bail in anticipation of his arrest in connection with Mahila P.S. Case No. 144 of 2018 registered for the offences punishable under Sections 498A, 379/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

Allegation against the petitioner is of assaulting the informant-wife with respect to demand of Rs.4 lacs and he also tried to set her on fire.

Submission of learned counsel for the petitioner is that the whole allegation is false and concocted as she does not want to reside in the matrimonial house with joint family and he is ready to give maintenance amount to her and also ready for

Patna High Court CR. MISC. No.18867 of 2019(3) dt.18-06-2019 2/3 one time settlement.

Heard learned APP and learned counsel for opposite party No.2, who has opposed the prayer for anticipatory bail on the ground that she was brutally assaulted but on query he could not produce any injury report of the informant to this Court. Earlier this matter was referred to the Mediation Centre and the report of the Mediator at Flag 'M' shows that in spite of best efforts the dispute could not be resolved through the process of mediation.

In view of above facts and circumstances and as the petitioner is ready to give the maintenance to opposite party No.2, let petitioner surrender in the court below by 1.7.2019 and on surrender he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur, Ara, in connection with Mahila P.S. Case No. 144 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition is that petitioner to pay Rs.3000/- per month to opposite party No.2 for a period of one

Patna High Court CR. MISC. No.18867 of 2019(3) dt.18-06-2019 3/3 year as maintenance amount and during that period if opposite party No.2 files a maintenance case before the Family Court, petitioner has to co-operate in disposal of the same and he has to abide by any order either interim or final passed by the Family Court.

(Vinod Kumar Sinha, J) spal/- U T