Manjit Kumar Baranwal @ Manjit Kumar @ Lalu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45339 of 2014 Arising Out of PS.Case No. -674 Year- 2014 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ====================================================== Manjit Kumar Baranwal @ Manjit Kumar @ Lalu S/o Mohan Prasad Barnwal R/o Village-Shofa Tola, P.S.-Shikarpur, District-W. Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Bharti Devi, W/o Manjit Kumar Barnwal, R/o Saraswati Nagar, Ward No. 12, Near Bapu Junior High School, Gopalganj, P.S. + District - Gopalganj.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08/ 17-08-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 406, 498A of the Indian Penal Code and 3/4 of Dowry Prohibition Act. The accusation is of torture for non-fulfillment of the dowry.
It is submitted by learned counsel for the petitioner that Matrimonial Suit No. 394 of 2013 filed, with a prayer for
Patna High Court Cr.Misc. No.45339 of 2014 (08) dt.17-08-2015 2/3 divorce, before the Principal Judge, Family Court, Bettiah, West Champaran at earlier point of time.
On the joint prayer of the parties the matter was adjourned to enable them to appear before the Principal Judge, Family Court, Bettiah, West Champaran but the complainant failed to appear.
It is submitted by learned counsel for the complainant that the complainant is not well, hence, she has not appeared today. It appears that complainant is not willing to reconcile the issue.
In the alternative, the petitioner is ready to pay Rs.1500/- per month from September, 2015 to the complainant by depositing the same in her account by second week of every month.
It is submitted by learned counsel for the complainant that the complainant is ready to accept the offer and the undertakes to supply bank account number by filing the same on affidavit before the learned court below within a period of three weeks.
Considering the present stand of the parties, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below
Patna High Court Cr.Misc. No.45339 of 2014 (08) dt.17-08-2015 3/3 within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Gopalganj in connection with Complaint Case No. 674 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The aforementioned payment will be subject to any order passed in matrimonial, maintenance connected proceedings.
Three consecutive defaults in making payment will give liberty to the complainant to file application for cancellation of bail of the petitioner.
It is made clear that with regard to custody of the child the complainant will be at liberty to agitate the issue in appropriate proceeding.
DKS/ (Dinesh Kumar Singh, J.) U T