Devendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53212 of 2023 Arising Out of PS. Case No.-1583 Year-2021 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== 1.

Devendra Singh Son Of Late Satya Pratap Singh Resident Of VillageHarpur Tola, Kabirpur, Ps- Mohammadpur, Distt- Gopalganj 2.

Gyanti Devi Wife Of Devendra Singh Resident Of Village- Harpur Tola, Kabirpur, Ps- Mohammadpur, Distt- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Prity Kumari Wife Of Late Amit Kumar Singh Resident Of VillageKabirpur, Po- Singhwtta, Ps- Mohammadpur, Distt- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Onkar Nath For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2023 Heard learned counsel for the parties.

2. The petitioners apprehends their arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code.

3. Petitioners, who are father-in-law and mother-inlaw of opposite party no2., are said to have ousted the opposite party no.2 from her matrimonial home over the dowry demand.

4. It is submitted by learned counsel for the petitioners that the petitioners are an innocent person and have committed no offence. Petitioners have neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. He submits that there

Patna High Court CR. MISC. No.53212 of 2023(3) dt.31-08-2023 2/3 is general and omnibus allegation levelled against the petitioners. He submits that the husband of the victim has died.

5. However, the petitioners are ready to give Rs.5,000.00 (Rupees Five Thousand) per month as maintenance to opposite party no.2 in first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding. If the petitioners fails to give the aforesaid amount on two consecutive dates to opposite party no.2, their bail bond shall automatically be cancelled.

6. Learned counsel for the opposite party no. 2, under instruction, submits that opposite party no.2 undertakes to provide her bank account details to the petitioners within a period of two weeks by submitting the same on affidavit before the learned court below.

7. In that view of the matter, let the above named petitioners, be released on anticipatory bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in

Patna High Court CR. MISC. No.53212 of 2023(3) dt.31-08-2023 3/3 connection with Complaint Case No. 1583 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

8. 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. (Anjani Kumar Sharan, J) devendra/- U T