Ajit Kumar Pathak @ Ajeet Kumar Pathak v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25012 of 2015 Arising Out of PS.Case No. -1234 Year- 2013 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Ajit Kumar Pathak @ Ajeet Kumar Pathak S/o Priya Brat Narayan Pathak Resident of Village - Shahpur, P.S. - Chainpur, District - Palamu, Jharkhand.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Anjali Mishra W/o Ajit Kumar Pathak D/o Dr. Shri Krishna Mishra At present Resident of Mohalla - Civil Line, Rauza Road No. - 1, Sasaram, P.S. - Sasaram (Model), District - Rohtas.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Madhu Prasun For the Opposite Party/s : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 13-07-2015 Heard learned counsels for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A the Indian Penal Code and 4 of Dowry Prohibition Act. The basic accusation is of torture for nonfulfillment of the dowry demand. The marriage between the petitioner and the complaint and birth of a female child are admitted facts.
Patna High Court Cr.Misc. No.25012 of 2015 (3) dt.13-07-2015 2/3 The petitioner is ready to keep the complainant and the child with dignity and honour and in the restitution case the order was passed, but in spite of that complainant failed to resume the conjugal life. The offer of the petitioner is not acceptable to the complainant as she is apprehensive due to the past conduct of the petitioner.
However, the petitioner is ready to pay Rs.1,500/- per month from August, 2015 to the complainant for the welfare of the child by depositing the same in her account by second week of every succeeding month.
The offer is acceptable to the complainant, who undertakes to supply the bank account number by submitting the same on affidavit before the learned court below within a period of two weeks.
Considering the present stand of the parties, 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 twelve 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 learned Sub-divisional Judicial Magistrate, Sasaram, Rohtas in connection with Complaint Case
Patna High Court Cr.Misc. No.25012 of 2015 (3) dt.13-07-2015 3/3 No. 1234 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The aforementioned payment will be subject to any order being passed in matrimonial, maintenance or other proceeding.
Three consecutive defaults in making payment will give liberty to the complainant to file application for cancellation of bail bond of the petitioner.
The present order, in no way, will preclude the parties to settle the dispute otherwise.
(Dinesh Kumar Singh, J) DKS/- U T