Triloki Nath v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.185 of 2022 Arising Out of PS. Case No.-193 Year-2021 Thana- CIVIL LINE District- Gaya ====================================================== Triloki Nath S/O Shambhu Lal @ Shabhu Lal Barnwal @ Shambhu Nath Resident Of Mohalla- Andar Bazar, Kali Asthan, Hisua, P.S. Hisua, DistrictNawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Arun For the Opposite Party/s :
Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2022 Heard learned Counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner is apprehending his arrest in a case registered under Section 498(A) of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.
The accusations are of demand of dowry, harassment and threat of dire consequences.
It is submitted by learned counsel for the petitioner that the petitioner being husband of the informant is quite innocent and has committed no offence. He has falsely been implicated in this case. The petitioner had filed an application under Section 9 of Hindu Marriage Act for restitution of his conjugal rights against his wife but she is not ready to live with
Patna High Court CR. MISC. No.185 of 2022(3) dt.07-11-2022 2/3 the petitioner. It is further submitted that neither the dowry has been demanded nor she was tortured by the petitioner. Leaned counsel for the informant prays for some maintenance for survival of the informant as she is not able to maintain herself.
In the alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that the petitioner is ready to give Rs. 4,000/- (Four thousand) per month, subject to furnishing bank account number by the informant to the petitioner.
In the changed circumstance, learned counsel for the informant admits that he shall provide bank account number of the informant to the petitioner within a period of one week from today. On receipt of the bank account number of the informant, the petitioner shall deposit Rs. 4,000/- (Four thousand only) in every month commencing from November, 2022 as maintenance in the account furnished by the informant. In the facts and circumstance of the case, 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 Thousands) with
Patna High Court CR. MISC. No.185 of 2022(3) dt.07-11-2022 3/3 two sureties of the like amount each to the satisfaction of learned CJM, Gaya in connection with Gaya Civil Lines P.S. Case No. 193 of 2021, 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. 4,000/- (for the month of November, 2022) by the petitioner in the account of the informant.
The aforesaid payment will be subject to any order passed in the maintenance case for final settlement. (Sunil Kumar Panwar, J) nirajkrs/- U T