Dharmveer Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23404 of 2019 Arising Out of PS. Case No.-3779 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== DHARMVEER KUMAR Son of Ramdhari Mahto Resident of Village - Parpokhra Bahari Begampur Near Gabra, Patnacity, P.O.- and P.S.- Bypass, Distt.- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Annu Kumari W/o Dharmveer Kumar , D/o Late Rameshwar Mahto Resident of Village - Musalahpur Near S.B.I. A.T.M. , P.O. Mahendru, P.S.- Kadamkuan, Distt.- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Complaint Case No.3779 of 2015 , registered for offences punishable under Sections 498A of the Indian Penal Code and Section 3⁄4 of the D.P.Act.

Allegation against the petitioner is of demand of dowry and torturing the complainant for that.

Submission of the learned counsel for the petitioner is that he is ready to keep her with dignity and care whereas the learned counsel for the O.P.no.2 has submitted that the process of reconciliation was taken by the Co-ordinate Bench earlier but

Patna High Court CR. MISC. No.23404 of 2019(6) dt.06-09-2019 2/3 as the petitioner has married with another lady that has not been denied by the petitioner and on the other hand the petitioner is not paying any amount for her maintenance either for her livelihood , medial and other expenses and he is working in transport company.

Learned counsel for the petitioner has not denied the same that he is working in transport company but submitted that he is getting only Rs.10,000/- per month. Heard learned A.P.P. also.

Having heard both sides. Since the matter relates to matrimonial dispute and there is always a chance of any settlement in future , considering the above fact the provisional bail granted to the petitioner, vide order dated 11.4.2019, is confirmed on the condition that he has to pay Rs.4,000/- per month to the O.P.no.2 for a period of one year and during that period, it is expected that the O.P.no.2 shall approach the learned Principal Judge, Family Court, Patna for grant of maintenance and on personal service of notice the petitioner has to appear and participate in that proceeding and he will abide by order either interim or final passed by the learned Principal Judge, Family Court unless the same is modified or set

Patna High Court CR. MISC. No.23404 of 2019(6) dt.06-09-2019 3/3 aside by any higher Court.

Accordingly, this application is allowed with above direction.

(Vinod Kumar Sinha, J) chn/- U T