Manish Kant Dubey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37900 of 2015 Arising Out of PS.Case No. -23 Year- 2015 Thana -MAHILA PS District- GAYA ====================================================== Manish Kant Dubey .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Ram Naresh Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-08-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The accusation is of torture for non-fulfillment of the dowry demand. The marriage between the petitioner and informant is admitted fact.

It is submitted by learned counsel for the petitioner that the petitioner filed Matrimonial suit for dissolution of marriage on 11.05.2015 and thereafter the present FIR was lodged on 12.06.2015.

In the circumstances, the petitioner is ready to pay

Patna High Court Cr.Misc. No.37900 of 2015 (2) dt.19-08-2015 2/3 `2,000/- per month to the informant from October, 2015 by depositing the same in the bank account of the informant by second week of every month.

Considering the filing of matrimonial suit at earlier point of time and the present stand of the petitioner, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Gaya Mahila P.S. Case No. 23 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The petitioner will serve a copy of this order to the informant within a period of three weeks when it is expected that the informant will supply her bank account number to the petitioner by filing the same on affidavit before the learned court below.

The aforesaid payment will be subject to any order being passed in matrimonial, maintenance proceeding or any other proceeding.

Three consecutive defaults in making payment by

Patna High Court Cr.Misc. No.37900 of 2015 (2) dt.19-08-2015 3/3 the petitioner will give liberty to the informant to file an application for cancellation of bail of the petitioner. (Dinesh Kumar Singh, J) Amrendra/- U T