Patna High CourtCR. MISC./28721/2014bail granted

Prem Chandra Sharma v. State Of Bihar And ANR

2015-07-16Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28721 of 2014 Arising Out of PS.Case No. -37 Year- 2014 Thana -SIWAN COMPLAINT CASE District- SIWAN ======================================================

1. Prem Chandra Sharma Son of Babulal Sharma resident of villageHarihans, P.S.- Hussainganj, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Seema Devi Wife of Prem Chandra Sharma resident of village/at : Sri Nagar, P.S.- Siwan Mufassil, District- Siwan. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Raj Kishore Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 16-07-2015 Heard the Counsel for the petitioner and the State. No one has appeared on behalf of the complainant (O.P. No. 2). Petitioner is facing accusations punishable under Section 498A IPC vide Complaint Case No. 37 of 2014.

The matter was referred to the Mediation Centre granting interim protection to the petitioner. The report of the Centre placed at Flag-A indicates that the efforts to mediate have failed. For securing the privilege of anticipatory bail, it has been stated that the petitioner, if so directed, will pay interim maintenance in the sum of Rs. 1,000/- to the complainant as condition of bail subject to the order to be passed in this regard on the proceeding instituted by the aggrieved party.

Considering the above, this Court directs that in the event of arrest or surrender in the Court below within four weeks,

Patna High Court Cr.Misc. No.28721 of 2014 (5) dt.16-07-2015 2/2 the petitioner abovenamed is directed to be released on anticipatory bail 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, Siwan in Complaint Case No. 37 of 2014 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

(i) One of the bailers shall be the own/close family members of the petitioner.

(ii) Along with the bail bond, the petitioner shall deposit either a bank draft favouring the complainant or the receipt showing deposit of a sum of Rs. 1,000/- in the Nazarat of the Court for the month of July, 2015 which the complainant shall be entitled to withdraw. The petitioner will continue to deposit or pay the amount of Rs. 1,000/- per month as interim maintenance subject to any order which the Court may pass on an application filed by the parties for maintenance. In case, the petitioner defaults in doing so, the complainant shall have liberty to seek cancellation of bail in the Court below itself.

(Kishore Kumar Mandal, J) Pankaj/- U T