Saurabh Anand v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41528 of 2023 Arising Out of PS. Case No.-3570 Year-2022 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== SAURABH ANAND SON OF PARMOD CHAUDHARY VILLAGE BAJITPUR, WARD NO 10, P.S. VIDYAPATTI NAGAR, DISTRICT SAMASTIPUR. PRESENT ADDRESS RESIDENT OF MOHALLAM.S.M.B. ENTERPRISES, ANAND MASHALA STORE, DALSINGHSARAI, UNDER GOLAGHAT BRIDGE, PSDALSINGHSARAI, DISTRICT- SAMASTIPUR ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
SONAM KUMARI WIFE OF SAURABH ANAND RESIDENT OF VILLAGE- BAJITPUR WARD NO. 10, PS- VIDYAPATTI NAGAR, DISTRICT- SAMASTIPUR PIN 848503. PRESENT ADDRESS SONAM KUMARI, W/O SAURABH ANAND RESIDENT OF MOHALLAM.S.M.B. ENTERPRISES, ANAND MASHALA STORE, DALSINGHSARAI, UNDER GOLAGAHAT BRIDGE, PSDALSINGHSARAI, DISTRICT- SAMASTIPUR. NAHIYAR ADDRESS SONAM KUMARI, D/O GOPAL PRASAD JAISWAL RESIDENT OF VILLAGE AND PO- SAMASTIPUR, PS- MAHNAR, DISTRICTVAISHALI ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vasant Vikas, Adv.
For the Opposite Party/s :
Mr.Lakshmi Kant Sharma, APP.
Mr. Ranjit Kumar Thakur, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498 (A) of the Indian Penal Code.
3. Petitioner, who is husband of complainant, is said to have tortured the complainant physically and mentally and ousted her from the matrimonial home in association of his
Patna High Court CR. MISC. No.41528 of 2023(5) dt.09-01-2024 2/3 family members over the dowry demand.
4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has 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.
5. In that 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 connection with Complaint Case No. 3570 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
6. Petitioner is ready to pay Rs.3,000.00 (Rupees Three Thousand) per month to the complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount
Patna High Court CR. MISC. No.41528 of 2023(5) dt.09-01-2024 3/3 on two consecutive months, complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.
7. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.
8. Learned counsel for the complainant is directed to furnish the bank account details of the complainant. 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 complainant after she furnishes her bank account details.
9. 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.
10. With the aforesaid observation and direction, this application stands disposed of.
(Anjani Kumar Sharan, J) divyanshi/- U T