Shatrudhan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55515 of 2021 Arising Out of PS. Case No.-271 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Shatrudhan Rai Son of Late Baleshwar Rai Resident of Village - Saborchak, P.S.- Naubatpur, District - Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sarita Devi Wife of Shatrudhan Rai D/O Birbal Rai, Resident of Village - Nilkanth Tola Gauraiya Sthan, P.O.- Shadikpur, P.S.- Maner, District - Patna, Pin - 801503.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailesh Kumar Singh For the Opposite Party/s :
Mr.Abhay Kumar Roy Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2022 Heard learned counsel for the petitioner, complainant and learned APP for the State.
The petitioner is apprehending his arrest in a complaint case wherein cognizance has been taken for the offences punishable under Sections 323, 504, 498(A) of the Indian Penal Code.
The accusation is of torture for non-fulfillment of dowry demand and ousting the complainant from her
2/4 matrimonial house.
It is submitted by learned counsel for the petitioner that the petitioner tried his best to resume the conjugal life with the complainant but the complainant did not agree to live with the petitioner. However, petitioner is still ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 7 of the petition.
Learned counsel appearing on behalf of the complainant has submitted that complainant is not ready to live with the petitioner since petitioner is in habit of making assault with the complainant.
In the alternative, the petitioner is ready to pay Rs. 3000/- as interim maintenance to the complainant before filing of the bail bonds.
The petitioner also undertakes to make payment of Rs. 3000/- per month to the complainant by depositing the same in her bank account by 1st week of every month from July, 2022.
3/4 The learned counsel appearing on behalf of the complainant has accepted the offer of the petitioner and undertakes to provide bank account details of the complainant to the petitioner as early as possible. Considering the aforestated facts, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Danapur in connection with Complaint Case No. 271(C) of 2021, 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. 3000/- by the petitioner in the account of the complainant.
The aforesaid payments will be subject to any
4/4 order passed in matrimonial or maintenance proceedings.
(Sunil Kumar Panwar, J) Shageer/- U T