Shiv Shankar Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.888 of 2019 Arising Out of PS. Case No.-2494 Year-2016 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Shiv Shankar Kumar , S/o Sri Jay Mangal Das, Resident of Sahpur Chakumar, P.S-Mahua, District-Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ranjana Kumari, w/o Shiv Shankar Kumar, D/O Shiv Kumar, Resident of Village-Helalpur, District-Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sri Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-07-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 2494 of 2016, disclosing offences under Sections 498A/34 of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

Allegation against the petitioner, who happens to be the husband of the informant that for the demand of dowry assaulted and subjected her to cruelty and lastly by snatching her ornaments ousted her from the house.

On appearance of the opposite party no.2, the matter was referred to the Patna High Court, Mediation and Reconciliation Center, vide order dated 16.04.2019 and the mediator's report kept at flag 'A' which disclosed that mediation

Patna High Court CR. MISC. No.888 of 2019(6) dt.19-07-2019 2/3 failed despite the best and sincere efforts made by the mediator. Submission of learned counsel for the petitioner is that he is still ready to keep her with dignity and care. Further submission is that he is unemployed.

On the other hand, learned counsel for the opposite party no.2 has also submitted that she is residing in her Maike since 2016 and up till now no any single penny has been paid towards her maintenance by the petitioner. Considering the cruelty meted out to her, she is not ready to reside with him and at least she may be given some amount for her maintenance. It has also been submitted that petitioner is working as a Compounder and his father is also a Doctor.

Having heard both sides, in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the learned court below within a period of six weeks and on surrender, he will be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned S.D.J.M. Vaishali at Hajipur, in connection with Complaint Case No. 2494 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that he is to pay Rs.3000/-

Patna High Court CR. MISC. No.888 of 2019(6) dt.19-07-2019 3/3 per month to the opposite party no.2 for a period of one year and during that, it is expected that opposite party no.2 shall approach the Family Court for grant of maintenance, if such an application is filed, petitioner is directed to co-operate in disposal of the same.

With the above observations, this application is disposed of.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T