Sanjiv @ Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53916 of 2018 Arising Out of PS. Case No.-196 Year-2017 Thana- PATLIPUTRA District- Patna ====================================================== Sanjiv @ Nitesh Kumar, S/o- Ram Suhawan Singh, Resident of Harnaut Middle Market, P.S.- Harnaut, District- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-01-2019 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 354(D), 504 and 506 of the IPC.

The prosecution case, as per the written report of Priyanka Patel, dated 21.06.2017, submitted to the Station House Officer, Patliputra Police Station, is to the effect that the marriage between the petitioner and informant was performed on 18.04.2016, but subsequent to the marriage, further dowry demand of Rs. 10 lacs was made and for non-fulfillment of the same, the informant was assaulted. It is also alleged against the petitioner that he used to take obscene photographs of the

Patna High Court Cr.Misc. No.53916 of 2018(5) dt.04-01-2019 2/3 informant and circulated the same on social media, namely, whatsapp to the relatives of the informant.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the informant and he is ready to keep the informant as wife with full dignity and honour. Statement to that effect has been made in paragraph no.9 of the petition which reads as follows:- "That the petitioner is always want to keep his wife with full dignity and honour."

It appears that vide order dated 26.11.2018, the matter was referred to the Patna High Court Mediation Centre, but due to adamant attitude of the informant, the mediation could not succeed.

Learned counsel for the informant submits that the informant is reluctant to resume the conjugal life since she has miserably been tortured.

Learned counsel for the petitioner further submits that in alternative, the petitioner is ready to make payment of Rs. 3,000/- per month to the informant from February, 2019 by depositing the same in her bank account by tenth days of every succeeding month.

Learned counsel for the informant, on instruction, submits that the informant is ready to accept the offer of the petitioner.

Patna High Court Cr.Misc. No.53916 of 2018(5) dt.04-01-2019 3/3 She also undertakes to supply her bank account number to the petitioner by submitting the same on affidavit before the learned Court below within a period of three weeks.

Considering the present stand of the parties, to save the informant from destitution and vagrancy with a lurking hope that the issue may reconcile in future, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Judge-XII-cum-ACJM, Patna in connection with Pataliputra P.S. Case No. 196 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

The aforesaid payment will be subject to the result of matrimonial, maintenance or any other related case. Three consecutive defaults in making payment by the petitioner will give liberty to the informant to file an application for cancellation of bail bonds of the petitioners. (Dinesh Kumar Singh, J) Amrendra/- U T