Sheojee Ram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42050 of 2015 Arising Out of PS.Case No. -5 Year- 2015 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Sheojee Ram .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Anil Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-09-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 323, 379, 498A and 504/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The basic accusation is of torture for non-fulfillment of the dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant on 05.06.2010. The petitioner filed Matrimonial Suit No. 105 of 2014 on 8.12.2013 with a prayer for divorce, thereafter the present complaint was filed on 8.12.2014 which came to be registered as a police case on 13.01.2015. It is further submitted that the petitioner made all efforts to reconcile the issue but when the issue

Patna High Court Cr.Misc. No.42050 of 2015 (2) dt.04-09-2015 2/3 could not be reconciled, the petitioner filed matrimonial suit with a prayer for divorce, hence at present, reconciliation is not feasible. In the circumstances, the petitioner is ready to pay `1,500/- per month to the informant from October, 2015 by depositing the same in the bank account of the informant by second week of every month.

Considering the matrimonial suit filed at earlier point of time and the present stand of the petitioner to make payment, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur (Ara) in connection with Jagdishpur Mahila P.S. Case No. 05 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The petitioner will serve a copy of this order to the informant within a period of three weeks when it is expected that the informant will supply her bank account number to the petitioner by filing the same on affidavit before the learned court below.

The aforesaid payment will be subject to any order

Patna High Court Cr.Misc. No.42050 of 2015 (2) dt.04-09-2015 3/3 being passed in matrimonial or maintenance proceeding. Three consecutive defaults in making payment by the petitioner will give liberty to the informant to file an application for cancellation of bail of the petitioner.

If the informant fails to submits her bank account number or refuses to accept the payment then the aforesaid money will be deposited before the learned court below which will be invested in some fix deposit scheme in connection with present case which will be subject to the result of the present case. (Dinesh Kumar Singh, J) Amrendra/- U T