Pankaj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38789 of 2023 Arising Out of PS. Case No.-1635 Year-2016 Thana- COMPLAINT CASE District- Araria ====================================================== PANKAJ KUMAR SAH S/O DOMI SAH R/O Village- Dharhara, PS. Murliganj, Dist. Madhepura ... ... Petitioner

Versus

1.

The State Of Bihar 2.

Dolly Devi W/O Pankaj Kumar Sah, D/O Sitaram Sah R/O VillageDharhara, Ps. Murliganj, Dist. Madhepura, At Present- R/O VillageMadanpur, P.O. And Ps. Araria, Madanpur O.P., Dist. Araria. Pin Code854333 ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-07-2023 Heard the parties.

2. The petitioner apprehends his arrest in a case registered under sections 494 and 498(A)/34 of the Indian Penal Code but the cognizance has been taken only under Sections 498(A) and 323 of the Indian Penal Code.

3. 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.

4. 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

Patna High Court CR. MISC. No.38789 of 2023(2) dt.18-07-2023 2/3 has been falsely implicated in the present case mostly on suspicion and 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.

5. Petitioner is ready to pay Rs.3,000/- (Rupees Three 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.

6. 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 Complaint Case No. 1635/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. 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

Patna High Court CR. MISC. No.38789 of 2023(2) dt.18-07-2023 3/3 for cancellation of the bail bond of the petitioner.

8. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceedings.

9. Learned court below is directed to issue notice to informant/complainant for furnishing her bank account details. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the informant/complainant after she furnishes her bank account details.

10. 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.

11. Accordingly, this application stands disposed of.

(Anjani Kumar Sharan, J) ajay/- U T