Ram Babu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28757 of 2022 Arising Out of PS. Case No.-847 Year-2020 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== RAM BABU MAHTO DUKHA MAHTO RESIDENT OF VILLAGEBHARWARA, P.S.- SINHWARA, DIST. -DARBHANGA. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR.

2.

SUDHA KUMARI W/O RAM BABU MAHTO RESIDENT OF VILLAGELAKHANPUR, P.S.-KATRA, DIST.- MUZAFFARPUR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-09-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 504 and 498(A) of the Indian Penal Code.

Petitioner, who is husband of opposite party no.2, is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drover her out of her matrimonial home nor tormented her over

Patna High Court CR. MISC. No.28757 of 2022(2) dt.06-09-2022 2/3 the demand of dowry. He is still ready to keep her with full honour and dignity. 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 that 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 connection with Complaint Case No.847 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Petitioner is ready to pay Rs.4000/- (rupees four thousand) per month to opposite party no.2 in the second week of every month for a period of one year. 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 cancelling the bail bond of the petitioner. It goes without saying that the aforesaid payment shall

Patna High Court CR. MISC. No.28757 of 2022(2) dt.06-09-2022 3/3 be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings. The learned court below is directed to issue notice to the complainant/O.P. No.2 and on her so appearance, the learned court below will ensure that the complainant/O.P. No.2 furnishes her bank account details so that the monthly installment amount can be deposited in her said account. If so advised, either of the parties will be at liberty to make an application before the learned court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or for one time settlement.

Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) Sanjay/- U T