Babloo Singh @ Bhuar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56752 of 2018 Arising Out of PS. Case No.-279 Year-2017 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== Babloo Singh @ Bhuar Singh, S/o Late Tapeshwar Singh, R/o Vill.- Berath, P.S.- Chauri, District- Bhojpur.

... ... Petitioner

Versus

1.

State Of Bihar 2.

Baby Devi W/o Nirmal Singh, D/o Uma Shankar Singh, At present resident of Vill.- Kuawan, P.S.- Barhampur, District- Buxar. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 279(C) of 2017, lodged for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

Allegation against the petitioner is of subjecting the complainant to torture with respect to demand of dowry. It appears that this matter was referred to the Mediation Committee for mediation and the report of the Committee is on the record at Flag 'R' from which it appears that in spite of sincere efforts the dispute between the parties could not be resolved through mediation.

Submission of learned counsel for the petitioner is

Patna High Court CR. MISC. No.56752 of 2018(4) dt.08-04-2019 2/3 that he is still ready to keep her.

Heard learned APP and learned counsel for the complainant. They have opposed the prayer for anticipatory bail of the petitioner on the ground that not a single penny has been given to her and she has two children also.

Having heard both sides and in the facts and circumstances, as stated above, let petitioner, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail 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 S.D.J.M., Buxar, in connection with Complaint Case No. 279(C) of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further condition is that petitioner to pay Rs.3000/- per month to opposite party No.2 as ad interim maintenance for a period of one year and in the meantime opposite party No.2 is free to file a maintenance case before the Family Court and the aforesaid order of payment shall be subject to the result of the maintenance case, if any, filed by

Patna High Court CR. MISC. No.56752 of 2018(4) dt.08-04-2019 3/3 opposite party No.2.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T