Bharat Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53159 of 2021 Arising Out of PS. Case No.-32 Year-2021 Thana- BELSAND District- Sitamarhi ====================================================== BHARAT KUMAR Son of Jagannath Sah Resident of Village - Madhkaul, P.S.- Belsand, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shabnam Sugandha W/o Bharat Kumar , D/o Nand Kishore Gupta Resident of Village - Madhkaul, P.s.- Belsand, Distt.- Sitamarhi, Presently Resident of Village - Bherrahiya, P.O.- Bela, P.s.- Bela, Distt.- Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Narain Sinha, Adv.
For the Opposite Party/s :
Mr.Pradeep Narain Kumar, APP Mr.Anuj Kumar, Adv.
Mr.Ravi Shankar Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2022 Heard learned counsel for the parties.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered under sections 341, 323, 498(A), 504//34 of the IPC and sections 3⁄4 of Dowry Prohibition Act.
Petitioner, who is husband of the informant, is said to have committed torture upon the informant in association of his family members on account of non-fulfillment of demand of
Patna High Court CR. MISC. No.53159 of 2021(3) dt.06-07-2022 2/3 dowry.
It is submitted by learned counsel for the petitioner that petitioner is an innocent person and has committed no offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case due to grudge. There is general and omnibus allegation against the petitioner and he is ready and willing to keep his wife 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. In that view of the matter, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds 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 Belsand P.S. Case No.32 of 2021, corresponding to G.R. No.1302 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Petitioner is ready to pay Rs.5000/- (Rupees Five Thousand) per month to opposite party no.2 in the first week of
Patna High Court CR. MISC. No.53159 of 2021(3) dt.06-07-2022 3/3 every month, for her maintenance, as per the bank account details furnished by her in the learned Court below. It is made clear that if the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancellation of the bail bond of the petitioner. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceedings.
If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.
Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) pallavi/- U T