Mrinal Kumar Jha @ Mrinal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69046 of 2021 Arising Out of PS. Case No.-81 Year-2020 Thana- COMPLAINT CASE District- Araria ====================================================== Mrinal Kumar Jha @ Mrinal Kumar Son of Shri Bedanand Jha Resident of Village - Devka , P.O.- Kaithi, P.S.- Chautham, Distt.- Khagaria - PIN851201, Bihar ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Shalini Joshi D/o Shri Ganga Nath Jha Resident of Village - Ward No.10, P.s.- Araria, ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2022 Heard learned counsel for the petitioner, complainant and learned APP for the State.

The petitioner is apprehending his arrest in a complaint case wherein cognizance has been taken under Sections 498(A), 34 of the Indian Penal Code. The accusations are of torture and making assault for non-fulfillment of dowry demand and ousting the complainant from her matrimonial house.

2/4 It is submitted by learned counsel for the petitioner that the petitioner tried his best to resume the conjugal life with the complainant but she did not agree to live with the petitioner. The petitioner is still ready to keep the complainant as wife with full dignity and honour.

Learned counsel appearing on behalf of the complainant has submitted that torture has been inflicted upon the complainant for non-fulfillment of dowry demand. The complainant is residing at her parental house and she is on the verge of starvation since the petitioner denied to maintain the complainant. In the alternative, the petitioner is ready to make payment of Rs. 4000/- as interim maintenance to the complainant before filing of the bail bonds. The petitioner also undertakes to make payment of Rs. 4000/- per month to the complainant by depositing the same in her bank account by 1st week of every month from August, 2022.

3/4 The learned counsel appearing on behalf of the complainant has accepted the offer of the petitioner and undertakes to provide bank account details of the complainant to the petitioner as early as possible. Considering the aforestated facts, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VI, Araria in connection with Complaint Case No. 81-C of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 4000/- by the petitioner in the account of the complainant.

The aforesaid payments will be subject to any

4/4 order passed in matrimonial or maintenance proceedings.

(Sunil Kumar Panwar, J) Shageer/- U T