Patna High CourtCR. MISC./62673/2022allowed

Sanjay Kumar Mallik @ Sanjay Mallik @ Sanjay Kumar Mallick v. The State Of Bihar

2023-10-30Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62673 of 2022 Arising Out of PS. Case No.-254 Year-2022 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== SANJAY KUMAR MALLIK @ SANJAY MALLIK @ SANJAY KUMAR MALLICK SON OF LATE SONELAL MALLIK @ SONELAL MALLICK R/O VILLAGE- DEODHA, P.S.- HASANPUR, DISTT.- SAMASTIPUR ... ... Petitioner/s

Versus

The State of Bihar 2.

JYOTI KUMARI WIFE OF SANJAY KUMAR MALLIK @ SANJAY MALLIK @ SANJAY KUMAR MALLICK, D/O SRI ASHRAFI MALLIK R/O VILLAGE- DEODHA, P.S.- HASANPUR, DISTT.- SAMASTIPUR, PRESENTLY RESIDING AT FATEHPUR, WARD NO.- 04, P.S.- BHAGWANPUR, DISTT.- BEGUSARAI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gaurav Kumar, Advocate For the Opposite Party/s :

Mrs. Pushpa Sinha-1, APP Mr. Sandip Kumar Gautam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-10-2023 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

4. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.62673 of 2022(4) dt.30-10-2023 2/3 petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor 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.254C of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

6. Petitioner is ready to pay Rs.3,000.00 (Rupees Three Thousand) per month to opposite party no.2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

Patna High Court CR. MISC. No.62673 of 2022(4) dt.30-10-2023 3/3

7. 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.

8. Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite party no.2 in the learned Court below.

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. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) Trivedi/- U T