Birendra Mandal v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.44880 of 2014 (9) dt.30-10-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44880 of 2014 Arising Out of PS.Case No. -81 Year- 2013 Thana -SAKRI District- MADHUBANI ====================================================== Birendra Mandal son of Late Farebi Mandal, Resident of Village- Sonar Bhathatol, P.S. Sakri, District- Madhubani .... .... Petitioner/s
Versus
1. The State of Bihar
2. Jibachhi Devi, wife of Birendra Mandal, D/o Kalar Mandal resident of Village- Telhan, P.S.- Darbhanga Sadar, District- Darbhanga .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Bilash Roy Raman For the Opposite Party/s : Mr. Indu Kumari Srivastava (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in connection with Sakri P.S. Case No. 81 of 2013 registered for the offences punishable under Sections 498A, 147, 149, 447, 379 and 504 of the Indian Penal Code.
In pursuance of the order dated 06.10.2015, petitioner as well as opposite party no. 2 alongwith her son is present in chambers today.
After interacting with both of them, it appears that no reconciliation is possible between them at the moment. Though, petitioner is willing and ready to keep his wife with full dignity
Patna High Court Cr.Misc. No.44880 of 2014 (9) dt.30-10-2015 and honour but opposite party no. 2 has apprehension about his conduct as in the past, his conduct has not been conducive to her. In view of the fact that the opposite party no. 2 is declined to stay with him and for the interest of justice, it will be desirable that some interim amount be paid to the petitioner so that she can sustain alongwith her son.
Let the petitioner deposit a sum of Rs. 2,500/- (two thousand five hundred) per month in the court below or in the account of opposite party no. 2 on or before the 15th of November, 2015 of each month beginning from today. In the event of deposit of aforementioned amount by the petitioner by 15th of November, 2015, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani in connection with Sakri P.S. Case No. 81 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.. (Anjana Mishra, J) Jagdish/- U T