Sanjeev Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34201 of 2015 Arising Out of PS.Case No. -1917 Year- 2014 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================
1. Sanjeev Kumar S/o Satya Narayan Bhagat Resident of Village Prataptand, P.S. Bhagwanpur, District Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Priyanka Kumari W/o Sanjeev Kumar, D/o Brahhmdeo Bhagat At present R/o Village Dadhua, P.O. Sukki, P.S. Patepur, District Vaishali. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan No.Ii For the Opposite Party/s : Mr. Anant Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-08-2015 Petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
The basic accusation is of torture for nonfulfilment of dowry demand. It is submitted by learned counsel for the petitioner that marriage between the petitioner and the complainant was performed on 19.05.2013. The petitioner filed Matrimonial Suit No. 143 of 2014 for divorce on
Patna High Court Cr.Misc. No.34201 of 2015 (2) dt.14-08-2015 2/3 23.05.2014, wherein notices were issued on 06.06.2014 and thereafter the present complaint was filed on 23.06.2014. Hence, the petitioner is not ready to reconcile the issue. It is submitted by learned counsel for the complainant that complainant is ready to reconcile the issue. In the alternative, petitioner is ready to make payment of Rs. 2000/- per month to the complainant from September, 2015, by depositing the same in the bank account of the complainant by second week of every month. The aforesaid offer is acceptable to the complainant who undertakes to supply the bank account number within a period of three weeks by submitting the same on affidavit before learned Court below.
Considering the present stand of the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, 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 Sub-Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No. 1917 of 2014, Trial No. 5099 of 2014.
The above payment will be subject to any order being passed in matrimonial or maintenance proceeding. Three consecutive defaults in making
Patna High Court Cr.Misc. No.34201 of 2015 (2) dt.14-08-2015 3/3 payment will give liberty to the complainant to file appropriate application for cancellation of bail of the petitioner. The present order will not preclude the parties to reconcile the issue otherwise.
(Dinesh Kumar Singh, J) Shageer/- U T