Santosh Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24839 of 2022 Arising Out of PS. Case No.-16 Year-2020 Thana- MAHILA PS District- Jamui ====================================================== SANTOSH KUMAR DAS S/O KANTHI LAL DAS Resident of Jansidih, P.S.- Sikandara, Distt.- Jamui ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Priyanka Kumari W/o Santosh Kumar Das, D/o Bankey Das Resident of Matia, P.S.- Laxmipur, Distt.- Jamui ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-09-2022 Heard learned counsel for the parties.
The petitioner apprehends his arrest in a case registered for the offence under Section 498(A) & other allied sections of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act.
As per the F.I.R., on 16.12.2020, this petitioner alongwith other F.I.R. named accused persons assaulted the informant and thereafter, ousted her from the matrimonial home due to non-fulfillment of additional demand of dowry. It is submitted on behalf of petitioner that earlier also, one case vide Sikandara P.S. Case No. 141 of 2016 was lodged by this informant against petitioner, in which, he was granted
Patna High Court CR. MISC. No.24839 of 2022(2) dt.12-09-2022 2/3 regular bail by this Court, vide order dated 04.04.2017 passed in Cr.Misc. No. 16616 of 2017 (Annexure-2). Even thereafter, petitioner made his effort to restore the conjugal life, but informant/O.P.2 declined the same and thereafter, pursuant to an order passed by the learned court below in Maintenance Case No. 128 (M) of 2016, petitioner is paying maintenance of Rs. 10,000/- per month to the informant/O.P.2, which is deducted directly from the salary of the petitioner. In support of this submission, photocopy of salary slips has been enclosed vide Annexure - 3 to the petition.
It is further submitted that a compromise has taken place between the parties and to this effect, a joint compromise petition (Annexure 4) has been filed before the court below wherein both parties have agreed for one time settlement of Rs. 9,50,000/- (nine lacs and fifty thousand), which was paid by petitioner, vide D.D.No. 830033, but after some time, the informant has enhanced her demand to a sum of Rs. 15 lacs and accordingly, she has filed this false and concocted case against this petitioner and his family members. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from
Patna High Court CR. MISC. No.24839 of 2022(2) dt.12-09-2022 3/3 today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in connection with Jamui Mahila P.S. Case No. 16 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay/- U T