Manoj Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40011 of 2022 Arising Out of PS. Case No.-221 Year-2021 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Manoj Kumar Pandey Son Of Subodh Pandey R/O Village- Morudih, PostAdityapur, P.S.- I.I.T., District- Saraikela (Jharkhand) ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Babli Kumari @ July W/O Manoj Kumar Pandey R/O Village Morudih, Post- Adityapur, P.S.- I.I.T., District- Saraikela (Jharkhand), At Present D/O Anil Pandey, R/O Village- Hariya, P.S.- Nardiganj, District- Nawada ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :
Mr. Nirmal Kumar Sinha, APP For the Complainant :
Mr. Ram Prawesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner, complainant and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 323 and 342 of the Indian Penal Code.
The accusation is of making assault for nonfulfillment of dowry demand. It is submitted by learned counsel for the petitioner that the petitioner tried his best to resume the conjugal life with the complainant but the complainant herself does not want to live with the petitioner. The petitioner is still ready to keep the
Patna High Court CR. MISC. No.40011 of 2022(2) dt.06-12-2022 2/3 complainant as wife with full dignity and honour. A statement to that effect has been made in para 12 of the petition. Learned counsel appearing on behalf of the complainant has submitted that petitioner is in habit of making assault with the complainant. Hence, out of fear of life, she does not want to live with the petitioner.
In the alternative, the petitioner is ready to make payment of Rs. 10,000/- per month to the complainant by depositing the same in her bank account by 1st week of every month.
The petitioner undertakes that he shall pay the monthly payment of Rs. 10,000/- of this month i.e. December, 2022 to the complainant before filing of the bail bonds and from January, 2023, he shall continue making payment of Rs. 10,000/- per month by 1st week of every month in the bank account of the complainant.
The learned counsel appearing on behalf of the complainant has accepted the offer of the petitioner and undertakes to provide bank account details of the complainant to the petitioner as early as possible.
Considering the aforestated facts, let the petitioner, above named in the event of his arrest or surrender before the
Patna High Court CR. MISC. No.40011 of 2022(2) dt.06-12-2022 3/3 court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Nawada in connection with Complaint Case No. 221 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 10,000/- by the petitioner in the account of the complainant. The aforesaid payments will be subject to any order passed in matrimonial or maintenance proceedings. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T