Jitendra Kumar Verma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15381 of 2015 Arising Out of PS.Case No. -12 Year- 2014 Thana -MEERGANJ District- GOPALGANJ ====================================================== Jitendra Kumar Verma S/o Late Pasupati Nath Verma .... .... Petitioner/s

Versus

1. The State of Bihar

2. Pramila Devi @ Sheema Devi D/o Arun kumar Sah .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Harendra Prasad, Advocate For the Opposite Party/s : Mr. Smt. Gulnar Begam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-04-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

The basic accusation is of torture for non-fulfillment of dowry demand.

The factum of marriage between the petitioner and the informant is an admitted fact.

It is submitted by learned counsel for the petitioner that petitioner filed Matrimonial Case No. 205 of 2013 on 01.12.2013 thereafter the present case has been lodged on 10.01.2014. The petitioner is ready to pay Rs. 2,000/- (two thousand only) per month to the informant as maintenance from May, 2014 by depositing the same in the bank account of the informant by second week of every month.

Patna High Court Cr.Misc. No.15381 of 2015 (2) dt.15-04-2015 2/2 Considering the present stand of the petitioner and filing of matrimonial case at earlier point of time, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Mirganj P.S. Case No.12 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The petitioner will serve a copy of this order to the informant within a period of three weeks when it is expected that the informant will supply her bank account number to the petitioner by filing the same on affidavit before the learned court below.

The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceeding. Three consecutive defaults in making payment by the petitioner will give liberty to the informant to file an application for cancellation of bail bonds of the petitioner. (Dinesh Kumar Singh, J) Ashwini/- U T