Rama Shankar Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51822 of 2019 Arising Out of PS. Case No.-1468 Year-2017 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== RAMA SHANKAR CHAUBEY S/o Shiv Pujan Chaubey Resident of- 137, Jaisinghpura, P.S. and District- Ujjain, Madhya Pradesh, Permanent residence of village- Panapur, P.S.- Belawn, Distt.- Kaimur ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Bibha Devi W/o Rama Shankar Chaubey, D/o Late Chandarbhushan Pandey R/o village- Ratvar, P.S.- Bhabua, Distt.- Kaimur (Bhabua) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Amrendra Kumar with Mr.Vinod Kumar Seth, Advocates For the complainant : Mr. Rajnikant Pandey, Advocate For the Opposite Party/s :

Ms.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 1468 of 2017 in which cognizance has been taken under Section 498A IPC and Sections 3/4 of Dowry Prohibition Act.

Allegation against the petitioner is of assaulting the complainant-wife with respect to demand of Rs.2 lac and motorcycle. Submission of learned counsel for the petitioner is that a divorce case is pending between the parties in which there is an order granting interim maintenance to opposite party No.2 and moreover that divorce case has already been transferred to the Family Court, Kaimur.

Heard learned APP and learned counsel for the complainant appearing suo motu in this case has submitted tht he has

Patna High Court CR. MISC. No.51822 of 2019(2) dt.20-08-2019 2/2 no knowledge that she is getting any interim maintenance. In view of above facts and circumstances, this application is disposed of with direction to the petitioner to produce the order granting interim maintenance to opposite party No.2 before the court below, who will verify the same and release the petitioner on bail to its own satisfaction on the condition that he has to pay the maintenance amount regularly and on failure to pay the same continuously for three months, his bail bonds shall be cancelled. Further learned Family Court, Kaimur is directed, as submitted that the case has been transferred from the Family Court, Ujjain, Madhyapradesh to the Family Court, Kaimur, to take up the matter and before proceeding with the matter he will make an effort for reconciliation between the parties.

Let this order be sent to the Family Court, Kaimur at Bhabua.

(Vinod Kumar Sinha, J) spal/- U T