Dayanand Prasad @ Dayanand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61020 of 2022 Arising Out of PS. Case No.-94 Year-2021 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== DAYANAND PRASAD @ DAYANAND KUMAR SON OF BRAHAMDEV YADAV @ BRAHAMDEV PRASAD R/O VILLAGE- JEHALDIH, P.S.- SIRDALA, DISTRICT- NAWADA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SARITA KUMARI WIFE OF DAYANAND PRASAD, D/O SURESH PRASAD R/O VILLAGE- JEHALDIH, P.S.- SIRDALA, DISTRICTNAWADA, AT PRESENT VILLAGE- KARANPUR, P.S.- RAJAULI, DISTRICT- NAWADA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mrs. Sucheta Yadav Mr. Sheo Kumar Pd.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-05-2023 Heard learned counsel for the for the petitioner, learned counsel for the O.P No.2 and learned APP for the State. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code.

Petitioner, who is husband of informant/complainant, is said to have ousted her from the matrimonial home in association of his family members over the dowry demand. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no

Patna High Court CR. MISC. No.61020 of 2022(4) dt.01-05-2023 2/3 offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. He is still ready to settle the matrimonial dispute with the complainant. 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.

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.94 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., Petitioner is ready to pay Rs.5000.00 (Rupees Five 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

Patna High Court CR. MISC. No.61020 of 2022(4) dt.01-05-2023 3/3 petitioner.

It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

Learned counsel for the informant/complainant is directed furnish the bank account details of the informant/complainant in the learned Court below. 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 informant/complainant after she furnishes her bank account details. 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.

With the aforesaid observation and direction, this application stands disposed of.

(Anjani Kumar Sharan, J) shikha/- U T