Pappu Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60833 of 2021 Arising Out of PS. Case No.-915 Year-2019 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Pappu Pandey Son Of Tuntun Pandey Resident Of Village - Marwa , P.S.- Bihpur, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anpurna Kumari D/O Shri Balmiki Giri Resident Of Village - B.Com 03, New Colony, Ward No.09 Saharsa, P.S.- Saharsa, Distt.- Saharsa. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-05-2022 Heard learned counsel for the parties.

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

Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. There is general and omnibus allegation levelled against the petitioner. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor

Patna High Court CR. MISC. No.60833 of 2021(2) dt.13-05-2022 2/3 tormented her over the demand of dowry. He is still ready to keep her with full honour and dignity. He submits that petitioner is also agree to pay Rs. 5000/- per month to the opposite party no. 2 as maintenance in the first week of every month. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182.

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 petitioner within a period of two weeks by submitting the same on affidavit before the learned court below.

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. 915C of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

Patna High Court CR. MISC. No.60833 of 2021(2) dt.13-05-2022 3/3 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.

It is made clear that if the petitioner fails to give the aforesaid maintenance amount on two consecutive months to opposite party no.2, the opposite party no. 2 would be at liberty to move for cancellation of bail of the petitioner. (Anjani Kumar Sharan, J) devendra/- U T