Sanjit Soni @ Sanjit Sah @ Sanjeet Kumar Soni @ Sanjeet Sah Thathera v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1496 of 2015 Arising Out of PS.Case No. -183 Year- 2014 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== Sanjit Soni @ Sanjit Sah @ Sanjeet Kumar Soni @ Sanjeet Sah Thathera Son of Lagan Sah @ Lagan Sah Thathera Resident of Village - Dhadhua, P.S- Jandaha, District Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Basanti Devi Wife of Sanjeet soni, Daughter of Sosan Sah at present resident of Mansurchak, P.S- Samta Manurchk, District Begusarai .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Soni For the Opposite Party/s : Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 13-04-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Section 498A the Indian Penal Code and 3/4 of Dowry Prohibition Act.
The basic accusation is of torture for nonfulfillment of the dowry demand. The marriage between the petitioner and the informant having no issue is admitted fact.
It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.1496 of 2015 (04) dt.13-04-2015 2/3 petitioner that the petitioner filed Matrimonial Suit No. 151 of 2014 on 04.06.2014 and thereafter the present case has been filed on 24.07.2014. The reconciliation between the parties does not appear to be feasible at present.
However, the petitioner is ready to pay Rs.2,000/- per month from May, 2015 to the informant by depositing the same in her account by second week of every succeeding month.
The offer is acceptable to the informant, who undertakes to supply the bank account number by submitting the same on affidavit before the learned court below within a period of two weeks.
Considering the fact that the matrimonial suit was filed by the petitioner at earlier point of time and 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 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 183 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Patna High Court Cr.Misc. No.1496 of 2015 (04) dt.13-04-2015 3/3 The aforesaid payment will be subject to any order being passed in matrimonial, maintenance or other proceeding.
Three consecutive defaults in making payment will give liberty to the informant to file application for cancellation of bail of the petitioner.
(Dinesh Kumar Singh, J) DKS/- U T