Dharmendra Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43712 of 2014 Arising Out of PS.Case No. -252 Year- 2012 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dharmendra Thakur S/O Late Daroga Thakur Resident of Village- Dumri, P.S.- Sugauli, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Priyanka Thakur D/o Chitranjan Thakur vill. Tajpur Patkhaulia, P.S. Kesariya, East Champaran .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. P.K. Chourasiya (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 29-07-2015 Heard Mr. Anshul for the petitioner, Mr. Sinha for the informant and the learned APP for the State. The petitioner being the husband is facing accusation(s) punishable under section 498A of the Penal Code. The allegation is that several years after the marriage she was coerced to get some more dowry and on non fulfillment thereof was tortured and ousted from the matrimonial home.
Counsel for the petitioner submits that concocted allegations have been leveled against him. The wife is not agreeable to live with the petitioner. One fact is however
Patna High Court Cr.Misc. No.43712 of 2014 (3) dt.29-07-2015 2/3 evident that the informant(wife) is not living with the petitioner and the wedlock has produced two sons who are living with the informant. It has further been submitted that for securing the privilege of anticipatory bail the petitioner would be agreeable to pay certain amount as interim maintenance subject to any order passed in the Maintenance Case No.101/2013 or the resolution of the dispute between them.
Considering the above, I direct the petitioner as a condition of bail to pay interim maintenance in the sum of Rs. 2000/- to the informant and to continue to pay regularly the said amount per month either by depositing in the court where the matter is pending and/or in the civil court under receipt to be withdrawn by the wife or by crediting the said amount in the saving bank account of the informant. With the aforesaid condition, it is directed that in the event of arrest/surrender within four weeks from today, the petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction Judicial Magistrate, 1st Class, Motihari in Kesariya P.S. Case No. 252 of 2012 on condition that one of the bailors shall be his own/close family member. Along
Patna High Court Cr.Misc. No.43712 of 2014 (3) dt.29-07-2015 3/3 with the bail bonds the petitioner shall produce document(s)/receipt to show deposits/payment of Rs. 2000/- to the informant as interim maintenance for the month of July, 2015. In case of default in doing so, the informant shall have liberty to seek cancellation of bail of the petitioner in the court below itself.
(Kishore Kumar Mandal, J) HR/- U T