Chandra Shekhar Kumar Singh @ Chandra Shekhar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54838 of 2023 Arising Out of PS. Case No.-5937 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Chandra Shekhar Kumar Singh @ Chandra Shekhar Kumar Son Of Tarkeshwar Prasad Singh Resident Of Village - Reva, P.S. - Maner, District - Patna. At Present Resident Of Village - Zone No.4, Nehru Path, Birsa Nagar, District - Jamshedpur ... ... Petitioner/s
Versus
1.
The State Of Bihar Patna 2.
Nishi Kumari Wife Of Chandrashekhar Kumar Singh @ Chandra Shekhar Kumar, Daughter Of Sunil Kumar Singh Resident Of Village - Faizlabad Bhelwara, P.S. - Gopalpur, District - Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Malendu, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP Mr. Birendra Singh, Advocate Mr. Satyendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-02-2024 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code.
3. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.
4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has
Patna High Court CR. MISC. No.54838 of 2023(4) dt.29-02-2024 2/3 committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182.
5. In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No. 5937 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C..
6. Petitioner is ready to pay Rs.3,000/- (Rupees Three Thousand) per month to opposite party no.2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.
7. It goes without saying that the aforesaid payment
Patna High Court CR. MISC. No.54838 of 2023(4) dt.29-02-2024 3/3 shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.
8. Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite party no.2 within a period of two weeks by submitting affidavit of the same before the learned Court Below.
9. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.
10. Accordingly, this application stands disposed of.
(Anjani Kumar Sharan, J) anand/- U T