Sanjay Shukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52577 of 2021 Arising Out of PS. Case No.-763 Year-2019 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== SANJAY SHUKLA S/o BHOLA SHUKLA R/o VILLAGE-DEODHA, P.SBATH, DISTRICT-BHAGALPUR. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

ROOPKALA KUMARI W/o SANJAY SHUKLA, D/o ASHOK UPADHYAY R/o VILLAGE-JALALABAD, P.S-ASARGANJ, DISTRICTMUNGER. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sourendra Pandey For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case no. 763C/2019 instituted for the offence under Sections 323, 504, 506, 494, 498A of the Indian Penal Code.

As per allegation in the FIR, due to non-fulfillment of dowry demand, petitioner along with other family members started to abuse and torture the informant mentally and physically.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.52577 of 2021(8) dt.28-06-2022 2/3 that petitioner is husband of the informant and he is ready to keep the informant as wife with full dignity and honour. The aforesaid offer of the petitioner has not been accepted by the informant who denies to go to her matrimonial house and live with her husband. However, she prays for some maintenance for survival of herself and her two children as she is a housewife and she is not able to maintain her family. In the alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give Rupee fifteen thousand (Rs. 15,000/-) per month from the month of July and an amount of Rs. 50,000/- as arrear of maintenance (maintenance case is pending since 2014) subject to furnishing bank account number by the informant to the petitioner.

In the changed circumstance, learned counsel for the informant admits that he shall provide bank account number of the informant to the petitioner within a period of one week from today. On receipt of the bank account number of the informant, the petitioner shall deposit Rs. 15,000/- (Fifteen Thousand) in first week of every month commencing from July as maintenance in the account furnished by the informant. Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.52577 of 2021(8) dt.28-06-2022 3/3 considering the submissions made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner, above named, in the event of his arrest or surrender before learned Court below within a period of four weeks from today, shall be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Munger in connection with Complaint Case No. 763 C of 2019, 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. 50,000/- (arrear amount of maintenance case, which is pending since 2014) by the petitioner in the account of the informant. The aforesaid payment will be subject to any order passed in the maintenance case for final settlement. (Sunil Kumar Panwar, J) sushma/- U