Arjun Singh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25489 of 2019 Arising Out of PS. Case No.-4 Year-2019 Thana- SIMRI District- Buxar ====================================================== ARJUN SINGH YADAV Son of Late Bira Singh, Resident of VillageNaniyapur,P.S.-Buxar Muffasil, District-Buxar. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Manisha Devi, d/o Ravindra Yadav, Resident of village - Barka Rajpur, P.S.- Simri, District- Buxar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Shankar Pathak, Mr.Birendra Kumar Singh For the Opposite Party/s :
Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-10-2019 The petitioner apprehends his arrest in connection with Simri (T.R.H.O.P) P. S. Case No. 04 of 2019 registered under Sections 498A/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
Allegation against the petitioner, as per FIR, is that daughter of the informant was married with the petitioner in the year 2017 but after some time, petitioner along with his family members started demanding motorcycle and buffalo from the informant and his family members as dowry and due to nonfulfillment of the same, his daughter was being tortured mentally and physically.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.25489 of 2019(4) dt.17-10-2019 2/3 submits that petitioner is not ready to keep the O.P.No. 2 as his wife inasmuch as petitioner is afraid of erratic behaviour of O.P.No. 2.
Learned counsel appearing on behalf of the informant submits that daughter of the informant is ready to live with the petitioner as his wife. However, learned counsel for the petitioner offers to pay a sum of Rs. 2,500/- per month as living cost to the daughter of the informant i.e., O.P.No. 2 Manisha Devi, subject to outcome of any matrimonial or maintenance case filed by the parties.
The offer made by the learned counsel for the petitioner has been accepted by learned counsel for the O.P.No. 2 on instruction.
Having regard to the submissions made by the parties and taking into consideration the fact that petitioner is ready to pay a sum of Rs. 2,500/- per month to the O.P.No. 2 and the same is accepted by the O.P.No. 2, as such I am inclined to grant anticipatory bail to the petitioner; subject to condition that petitioner will be paying the said amount in the account of the father of the O.P.No. 2, which will be provided by the learned counsel for the O.P.No. 2 to the learned counsel for the petitioner within ten days.
Patna High Court CR. MISC. No.25489 of 2019(4) dt.17-10-2019 3/3 Accordingly, let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-IV, Buxar in connection with Simari (T.R.H. O.P.) P.S.Case No. 04 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure It is made clear that the petitioner shall pay the said amount i.e., Rs. 2500/- per month in the account of the father of the O.P.No. 2 to be started from 1st November, 2019 positively by 7th day of every month, which shall be the subject to final outcome of any matrimonial case or maintenance case filed in between the parties. If petitioner deviates from his undertaking and fails to deposit the aforesaid amount regularly, the O.P.No. 2 shall be at liberty to file an appropriate petition before an appropriate court of law.
This application, accordingly, stands disposed of. (Anil Kumar Sinha, J) sujit/- U