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Patna High CourtCR. MISC./26213/2022allowed

Suyash Siddant v. The State Of Bihar

2022-09-01Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26213 of 2022 Arising Out of PS. Case No.-153 Year-2021 Thana- MAHILA P.S. District- Patna ====================================================== SUYASH SIDDANT Son of Satyendra Narayan Singh At present Resident of Village - C/o Ram Niwas Pandey, Prem Niwas Panch Mandir Road, Road No.2, Shivpuri, P.s.- Shastri nagar, Distt.- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Dwivedi For the Opposite Party/s :

Mrs. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-09-2022 Heard the parties.

The petitioner apprehends his arrest in a case registered under sections 323, 498A, 465/34 of the Indian Penal Code and 3/4 of D.P. Act.

The allegation against the petitioner is of torturing the informant in association of his family members on account of non-fulfillment of demand of dowry. The husband of the O.P. No.2 suppressed the fact that he is a psycho patient. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case mostly on suspicion and grudge. There is general and omnibus allegation against the

Patna High Court CR. MISC. No.26213 of 2022(2) dt.01-09-2022 2/3 petitioner. Petitioner has no criminal antecedent. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182. In view of the matter, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Mahila Case No.153 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Petitioner is ready to pay Rs.5,000/- (Rupees Five Thousand) per month to opposite party No.2 in the first week of every month, for her maintenance, as per the bank account details furnished by her in the learned Court below. It is made clear that if the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancellation of the bail bond of the petitioner. It goes without saying that the aforesaid payment shall be

Patna High Court CR. MISC. No.26213 of 2022(2) dt.01-09-2022 3/3 subject to any order passed in matrimonial maintenance case or any other collateral proceedings.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

Accordingly, this application stands disposed of. Learned court below is directed to issue notice to O.P. No.2 to furnish the bank account details in which the petitioner will deposit the said amount.

(Anjani Kumar Sharan, J) shikha/- U T