Brajesh Kumar @ Brajesh Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18474 of 2015 Arising Out of PS.Case No. -1244 Year- 2013 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ======================================================

1. Brajesh Kumar @ Brajesh Pandey son of Shri Markandey Pandey, resident of village- Ratanpur, Police Station- Raxaul, District- East Champaran, at present residing at Raxaul Koyeeri Tola Ward No. 25 (near Nagarpalika office), Police Station- Raxaul, District East Champaran.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Archana @ Sundaram Devi wife of Brajesh Pandey, daughter of Radha Raman Tiwari, resident of village Raxaul Koyeeri Tola Ward No.25, Police Station- Raxaul, District- East Champaran, at present residing at Patbandi, Police Station- Majhaulia, District- West Champaran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sachida Nand Rai For the Opposite Party : Mr. Anil Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-04-2015 Petitioner being husband of the complainant is languishing in custody since 30.03.2015 in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. The basic accusation is torture for nonfulfilment of dowry demand. The factum of marriage between the petitioner and the complainant having no issue is admitted fact. The petitioner is not ready to reconcile the issue whereas learned counsel for the complainant submits that complainant is still ready to reconcile the issue.

Patna High Court Cr.Misc. No.18474 of 2015 (2) dt.30-04-2015 2/2 The petitioner is ready to make payment of Rs. 2000/- to the complainant from July, 2015, by depositing the same in the bank account of the complainant by second week of every month. The aforesaid offer is acceptable to the counsel for the complainant who undertakes that complainant will supply her bank account number within a period of three weeks by filing the same on affidavit before learned Court below.

Considering the present stand of the parties, let the petitioner, above named, be released on bail, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Complaint Case No. 1244C of 2013. The aforesaid payments will be subject to any order being passed in matrimonial or maintenance, or related proceeding.

Three consecutive defaults in making payment will give liberty to the complainant to file appropriate application for cancellation of bail of the petitioner. (Dinesh Kumar Singh, J) Shageer/- U T