Sachin Kumar Sharma @ Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61585 of 2021 Arising Out of PS. Case No.-46 Year-2021 Thana- PUSA District- Samastipur ====================================================== Sachin Kumar Sharma @ Sachin Kumar Son Of Sri Vijay Sharma Resident Of Village - Dharmagatpur Bathua, P.S.- Pusa, Distt.- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anshu Dhar Sharma For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2022 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498(A), 323, 379 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The accusations are of torture, making assault and ousting the informant from her matrimonial house for non-fulfillment of dowry demand.

It is submitted by learned counsel for the

2/4 petitioner that the petitioner tried his best to resume the conjugal life with the informant but she did not agree to live with the petitioner. Now, in the changed scenario, the petitioner is not in a position to resume the conjugal life with the informant.

Learned counsel appearing on behalf of the informant has submitted that torture has been inflicted upon the informant for non-fulfillment of dowry demand. The informant is residing at her parental house and she is on the verge of starvation since the petitioner denied to maintain the informant. The informant is still ready to resume the conjugal life with the petitioner. In the alternative, the petitioner is ready to make payment of Rs. 8,000/- as interim maintenance to the informant before filing of the bail bonds. The petitioner also undertakes to make payment of Rs. 8,000/- per month to the informant by depositing the same in her bank account by 1st week of every month from August, 2022.

3/4 The learned counsel appearing on behalf of the informant has accepted the offer of the petitioner and undertakes to provide bank account details of the informant 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 Sub-Divisional Judicial Magistrate, Samastipur in connection with Pusa P.S. Case No. 46 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. 8,000/- by the petitioner in the account of the informant.

The aforesaid payments will be subject to any

4/4 order passed in matrimonial or maintenance proceedings.

(Sunil Kumar Panwar, J) Shageer/- U T