Mukesh Bind v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20564 of 2015 Arising Out of PS.Case No. -758 Year- 2014 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ======================================================

1. Mukesh Bind Son of Radhey Bind Resident of Village -Kursan P.S. - Bhabua, District- Kaimur at Bhabua.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Kaushalya Devi, Wife of Mukesh Bindh, Daughter of Dani Bind, Reside at Village - Chandaus - Marai, P.S. - Chand, District - Kaimur at Bhabua. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-06-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in a case under section 498-A of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

The complainant has alleged in the complaint petition that she was married with the petitioner in the year 2010 and after one year accused persons started making demand of motor cycle and a she buffalo and when the demand was not fulfilled, she was assaulted and ousted from the matrimonial home.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is ready to keep his wife with all

Patna High Court Cr.Misc. No.20564 of 2015 (2) dt.25-06-2015 dignity but the complainant is not ready to stay with the petitioner. Further it has been submitted that the petitioner is ready to pay an amount of Rs.2000/- per month to the complainant by way of maintenance which will be deposited in the court below and the same shall be released in favour of the complainant. On behalf of the State, it has been submitted that the petitioner is the husband of the complainant and named in the complaint petition.

Considering the facts aforesaid, the petitioner is directed to deposit Rs.2000/- per month in the court below which shall be released in favour of the complainant and on doing so, in the event of arrest or surrender of the petitioner, above named, within four weeks from the date of receipt/production of a copy of this order, the court below shall enlarge him 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 learned Sub-divisional Judicial Magistrate, Kaimur at Bhabhua in connection with Complaint Case No. 758 of 2014/Tr. No. 51 of 2015, subject to all the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973.

(Sudhir Singh, J) Amin/- U