Shivendra Kishor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31244 of 2022 In CRIMINAL MISCELLANEOUS No.24015 of 2019 Arising Out of PS. Case No.-33 Year-2018 Thana- MAHILA P.S. District- Sitamarhi ====================================================== SHIVENDRA KISHOR Son of Shivnandan Ram Resident of Mohalla - Mohanpur Krishnapuri, P.S. - Sitamarhi, District - Sitamarhi. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Kumari Sharika wife of Shivendra Kishor Resident of Village - Mohanpur, Krishnapuri, Ward No.- 09, Mehsaul, P.S. - Sitamarhi, District - Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 341, 323, 379, 498(A), 504 read with 34 of the Indian Penal Code.

As per the prosecution case, the allegation against the petitioner is of torturing the informant for the sake of dowry and the informant gave birth to a male child out of their wedlock.

Patna High Court CR. MISC. No.31244 of 2022(9) dt.31-01-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The conciliation between the parties has been failed. Learned counsel for the petitioner has submitted that the petitioner is ready to give Rs. 15,000 per month as maintenance to the informant and her child which is agreed by the learned counsel for the informant. The petitioner is the Branch Manager of Union Bank of India, Uttar Pradesh. The petitioner has no criminal antecedent as stated at para 3 of the bail petition. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

In view of the submission made on behalf of the petitioner, the petitioner is directed to pay the maintenance to the informant at the tune of Rs. 15,000/- ( Rupees Fifteen Thousand) per month which is payable on or before the 10th day of the every succeeding month. The said amount is subject to the one time settlement.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.31244 of 2022(9) dt.31-01-2023 3/3 learned Court concerned, Sitamarhi in connection with Mahila P.S. Case No. 33 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. 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.

This application stands allowed.

(Chandra Prakash Singh, J) niku/- U T