Sachit Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41186 of 2019 Arising Out of PS. Case No.-70 Year-2018 Thana- MAHILA P.S. District- Banka ====================================================== SACHIT PANDIT S/o Bhado Pandit Resident of Village- Boka Bhagwanpur, Police Station- Belhar, District- Banka ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Komal Devi, W/o Sachit Pandit, D/o Banwari Pandit, Resident of Village - Chitrasen, P.S. - Belhar, District - Banka.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498(A), 494/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

Petitioner is husband of opposite party no. 2. Allegation is of demand of dowry and torture for the same. Reconciliation has failed as the petitioner was not ready to pay rupees ten thousand per month as demanded by opposite party no. 2.

Opposite party no. 2 is not ready to live with the petitioner on the ground that petitioner has already married with another lady. However, the petitioner is ready to pay rupees five

Patna High Court CR. MISC. No.41186 of 2019(4) dt.19-12-2019 2/2 thousand per month for which opposite party no. 2 is agreeable. Hence, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Banka Mahila Police Station Case No. 70 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as with the following conditions:- (a) That the petitioner shall deposit rupees five thousand per month in the bank account of opposite party no. 2. The bail bond shall be accepted only after deposit of the first installment and if the petitioner would fail to deposit the amount every month that would be a ground for cancellation of bail bond of the petitioner.

(b) That the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/- U T