Shiv Shankar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64802 of 2024 Arising Out of PS. Case No.-355 Year-2015 Thana- COMPLAINT CASE District- Sheohar ====================================================== Shiv Shankar Sah Son of Late Bulla sah Resident of village- Chauhania, Police Station- Madhuban, District- East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Pinki Devi Wife of Shiv Shankar Sah, D/O Dinanath Sah Resident of village- Chauhania, P.S.- Madhuban, District East Champaran, At presentD/o Dinanath Sah, At- Sheohar, Ward No.05, P.S. and District- Sheohar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Asmita Bharti, Adv For the Opposite Party/s :
Mr. Dilip Kumar No.1, APP For the Complainant :
Mr. Durga Saw, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-11-2024 Heard Ms. Asmita Bharti, learned counsel for the petitioner, Mr. Durga Saw, learned counsel for the complainant and Mr. Dilip Kumar No.1, learned APP for the State. 2.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code.
3.
Petitioner, who is husband of complainant, is said to have ousted her from the matrimonial home in association of his family members over the dowry demand.
4.
It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor
Patna High Court CR. MISC. No.64802 of 2024(3) dt.21-11-2024 2/3 drove her out of her matrimonial home nor tormented her over the demand of dowry. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182.
5.
In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No.355 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., 6.
Petitioner is ready to pay Rs.3000.00 (Rupees Three Thousand) per month to the informant/complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant/complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.
7.
It goes without saying that the aforesaid payment shall be
Patna High Court CR. MISC. No.64802 of 2024(3) dt.21-11-2024 3/3 subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.
8.
Learned Court below is directed to issue notice to complainant for furnishing her bank account details. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the complainant after she furnishes her bank account details. 9.
If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.
10.
With the aforesaid observation and direction, this application stands disposed of.
(Anjani Kumar Sharan, J) shikha/- U T