Dhiraj Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24240 of 2015 Arising Out of PS.Case No. -1996 Year- 2014 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Dhiraj Kumar Singh S/o Birendra Singh Resident of Village- Harail P.S. Mahhadi Nagar, Distt. Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Aasha Kumari D/o Mahesh Kumar Singh Resident of village- Dhandhua, P.S.- Jandaha, Distt.- Vaishali.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 10-07-2015 Heard the Counsel for the petitioner and the APP for the State.

Petitioner, being the husband, is facing accusation punishable under Section 498A vide Complaint Case No. 1996 of 2014.

The allegation is that she was tortured on account of non-fulfillment of demand of dowry and ousted the complainant from the matrimonial home.

Counsel for the petitioner states that the wedlock produced two sons. As a responsible father, he is bound to take care of the children and to maintain them. On instruction, he states that some amount, as fixed by this Court, shall be paid regularly to

Patna High Court Cr.Misc. No.24240 of 2015 (2) dt.10-07-2015 2/3 the complainant subject to any order to be passed by the Court in the proceeding for maintenance.

From the impugned order, it appears that an effort was made to reconcile the dispute between them. Taking into account the aforesaid facts, I direct that the petitioner shall continue to pay interim maintenance in the sum of Rs. 1,000/- (one thousand) to the complainant either by depositing in the Nazarat to be withdrawn by the complainant or by crediting the said amount to the bank account of the complainant to be provided by her.

In the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in Complaint Case No. 1996 of 2014 (Tr. No. 5134 of 2014) subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further condition that one of the bailers shall be own/close family members of the petitioner. Along with the bail bonds, the petitioner shall produce a receipt showing deposit of a sum of Rs. 2,000/- for the months of July and August, 2015 wherafter the petitioner will continue to

Patna High Court Cr.Misc. No.24240 of 2015 (2) dt.10-07-2015 3/3 pay the same. In case of default in doing so, it will be open to the complainant to seek cancellation of bail.

(Kishore Kumar Mandal, J) Pankaj/- U T