Nishikant Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38231 of 2014 Arising Out of PS.Case No. -39 Year- 2014 Thana -SOHSARAI District- NALANDA (BIHARSHARIFF) ======================================================
1. Nishikant Kumar Son of Naresh Kumar resident of village- Arai (Benipur), Police Station- Daniawan, District- Patna .... .... Petitioner
Versus
1. The State of Bihar
2. Sonali Pallavi, daughter of Ramji Ravidas, resident of Mohalla-Jalalpur, P.S.-Sohsarai, District-Nalanda .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Rakesh Singh For the Opposite Parties : Mr. Rajesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-05-2015 Petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 323, 498A, 504 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. The factum of marriage between the petitioner and the informant and birth of a male child are admitted facts.
On joint prayer of the parties, the matter was referred to the Mediation Centre of the State Legal Services Authority. The report of the Mediator at Flag-B suggests that the issue could not be resolved through the process of mediation.
The petitioner and informant are present.
Patna High Court Cr.Misc. No.38231 of 2014 (3) dt.01-05-2015 2/3 The petitioner is Junior Engineer whereas the informant is a Clerk in Bank of India. The petitioner is ready to keep the informant as wife with full dignity and honour but the informant is not ready to accept the offer due to the past conduct of the petitioner.
The petitioner is ready to make payment of Rs. 2000/- to the informant for the welfare of the child from June, 2015, by depositing the same in the bank account of the informant by second week of every month. The aforesaid offer is acceptable to the informant who undertakes to supply the bank account number within a period of three weeks by filing the same on affidavit before learned Court below. Considering the present stand of the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Sohsarai P.S. Case No. 39 of 2014.
The aforesaid payments will be subject to any order being passed in matrimonial or maintenance, or related proceeding.
Three consecutive defaults in making payment will give liberty to the informant to file appropriate
Patna High Court Cr.Misc. No.38231 of 2014 (3) dt.01-05-2015 3/3 application for cancellation of bail of the petitioner. The grant of bail to the petitioner will no way preclude the parties to resolve the issue otherwise. (Dinesh Kumar Singh, J) Shageer/- U T