← Library
Patna High CourtCR. MISC./46715/2023allowed

Sri Ram Prasad @ Sri Ram Prasad Gond @ Sriram Prasad Gond v. The State Of Bihar

2023-10-30Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46715 of 2023 Arising Out of PS. Case No.-2120 Year-2022 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== SRI RAM PRASAD @ SRI RAM PRASAD GOND @ SRIRAM PRASAD GOND SON OF SHIVJEE PRASAD GOND @ SHIVJEE GOND R/OBARHULIA HATA, P.S.-ANDAR, DISTT.-SIWAN ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

LAXMI DEVI DAUGHTER OF DUDHNATH GOND WIFE OF SRIRAM PRASAD GOND, R/O-SAGARA, P.O.-SEMARIYA, P.S.-NAUTAN, DISTT.-SIWAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhakar Singh, Adv.

For the Opposite Party/s :

Mr.Ahmad Ali, APP.

Mr. Ramchandra Sahni, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-10-2023 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 498(A), 504/34 of the Indian Penal Code.

3. Petitioner, who is husband of complainant, is said to have tortured her physically and mentally and ousted her from the matrimonial home in association of his family members over the dowry demand.

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor

Patna High Court CR. MISC. No.46715 of 2023(4) dt.30-10-2023 2/3 drove her out of her matrimonial home nor tormented her over the demand of dowry.

5. In that view of the matter, let the above named petitioner, be released on bail, in the event of his 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) 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 Complaint Case No. 2120 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

6. Petitioner is ready to pay Rs. 5,000.00 (Rupees Five Thousand) per month to the complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

7. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

8. Learned counsel for the complainant is directed to furnish the complainant's bank account details. If he fails to

Patna High Court CR. MISC. No.46715 of 2023(4) dt.30-10-2023 3/3 furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the complainant after he furnishes her bank account details.

9. 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.

10. With the aforesaid observation and direction, this application stands disposed of.

(Anjani Kumar Sharan, J) divyanshi/- U T