Thakur Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35073 of 2016 Arising Out of PS.Case No. -998 Year- 2015 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ====================================================== Thakur Sharma S/o Late Ram Bhajan Sharma Resident of VillageKhutaham Majharia, P.S.- Buxar (Industrial), District- Buxar .... .... Petitioner

Versus

1. The State of Bihar

2. Lalita Devi W/o Thakur Sharma resident of Village - Khutaham Majharia, P.S.- Buxar (industrial), District- Buxar .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Arun Kumar Gupta, Advocate.

For the Opposite Parties : Mr. Sanjay Kumar Tiwary, APP.

For the Informant : Mr. Ashwani Kumar Rai, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-11-2016 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 998(C) of 2015 registered for the offences punishable under Sections 498A and 494 of the Indian Penal Code. The complainant is the first wife of the petitioner. She alleged that the petitioner solemnized second marriage and after retirement the petitioner started neglecting her. Learned counsel for the petitioner submits that the complainant, herself, pressurized the petitioner to solemnize second marriage for the purpose of getting male child. The petitioner is ready to keep his wife and the petitioner is a retired person and he is also ready to give Rs. 3000/- per month for

Patna High Court Cr.Misc. No.35073 of 2016 (5) dt.18-11-2016 2/2 maintenance of his first wife on such, learned counsel for the complainant accepted that, if the maintenance of Rs. 3000/- per month is given to her she has got no objection. Considering the facts aforesaid the petitioner is directed to pay Rs. 3000/- per month to his first wife in her account provided by the complainant and if on the aforesaid terms and conditions the petitioner above named surrenders before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate Vth, Buxar in Complaint Case No. 998(C) of 2015, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T