Tej Narayan Lal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2092 of 2019 Arising Out of PS. Case No.-54 Year-2017 Thana- MAHILA PS District- Buxar ====================================================== Tej Narayan Lal Badsah Ram Resident of Village - Pailadih Padri, P.S.- Simari, District- Buxar (Bihar) ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Raj Kumari Devi Tej Narayan Lal Village- Budhanpurva, Sindicate Buxar, P.O.- Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anirudh Mishra For the Opposite Party/s :

Mr.Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-04-2019 This application, for grant of anticipatory bail, arises out of Buxar (Mahila) P.S. Case No. 54 of 2017, disclosing offences under Sections 341, 323, 506, 406, 498(A), 420, 120/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Petitioner happens to be husband of informant and allegation against him is of subjecting the informant to cruelty with respect to demand of dowry. It further appears that there is report of Parivar Kalyan Samiti against the petitioner. Submission of learned counsel for the petitioner is that he is still ready to keep the informant with full honour and dignity and it is the informant, who does not want to live with the petitioner as she wants to lead a free life.

Heard learned A.P.P. as well as learned counsel for the

Patna High Court CR. MISC. No.2092 of 2019(5) dt.16-04-2019 2/2 informant. Learned counsel for the informant opposed the prayer for bail and submitted that petitioner is not giving any money to her towards her maintenance.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner to surrender before the court below within a period of six weeks and file an affidavit to the effect that he is ready to pay Rs. 2,000/- to the informant towards her maintenance for a period of one year, on which, the court below shall release on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Buxar, in connection with Buxar (Mahila) P.S. Case No. 54 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

During the aforesaid period of one year, the informant, if so desire may move before the Family Court for grant of maintenance and if any maintenance case is being filed, the petitioner shall cooperate in disposal of the same.

(Vinod Kumar Sinha, J) sunilkumar/- U T