Bablu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40346 of 2022 Arising Out of PS. Case No.-1903 Year-2019 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== Bablu Sharma Son Of Rama Shankar Sharma R/O Village- Gangauli, P.S.- Ander, District- Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sangita Vishwakarma Wife Of Bablu Sharma And D/O Parmanand Sharma R/O Village- Gangauli, P.S.- Ander, District- Siwan, At Present Residing At Village- Harpur, P.S.- Bankatta, District- Deoria (UTTAR Pradesh) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-03-2023 Heard learned counsel for the parties.

From perusal of the office notes, it appears that the notice issued to the opposite party no. 2 has been validly served but nobody appears on her behalf.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 498A, 406 of the Indian Penal Code.

Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has

Patna High Court CR. MISC. No.40346 of 2022(3) dt.16-03-2023 2/3 committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. He is still ready to keep her with full honour and dignity. 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. However, the petitioner is ready to give Rs.3,000.00 (Rupees Three Thousand) per month as maintenance to opposite party no.2 in first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding.

If the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, his bail bond shall automatically be cancelled. In that view of the matter, let the above named petitioner, be released on anticipatory 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.

Patna High Court CR. MISC. No.40346 of 2022(3) dt.16-03-2023 3/3 with Complaint Case No. 1903 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

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

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