Shyam Sundar Mahto v. The State Odf Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32346 of 2022 Arising Out of PS. Case No.-107 Year-2021 Thana- SAHODARA District- West Champaran ====================================================== SHYAM SUNDAR MAHTO S/o Sri Indrajeet Mahto R/o VillageBhawanipur, P.S.- Sahodara, District- West Champaran ... ... Petitioner/s

Versus

1.

THE STATE ODF BIHAR 2.

Neha Devi W/o Sri Shyam Sundar Mahto, D/o Sri Bihari Prasad R/o villageDumariya, P.S.- Sahodara, District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-11-2022 Heard the parties.

The petitioner apprehends his arrest in a case registered under sections 498A, 341, 323, 307, 313/34 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 and of ousting her out of the matrimonial house.

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

Patna High Court CR. MISC. No.32346 of 2022(3) dt.17-11-2022 2/3 grudge. There is general and omnibus allegation against the petitioner. 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 Sahodara P.S. Case No.107 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Petitioner is ready to pay Rs.5000/- (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.

Patna High Court CR. MISC. No.32346 of 2022(3) dt.17-11-2022 3/3 It goes without saying that the aforesaid payment shall be 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.

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.

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