Anil Sah @ Anil Gupta v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50607 of 2015 Arising Out of PS.Case No. -775 Year- 2014 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Anil Sah @ Anil Gupta .... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Ojha For the Opposite Party/s : Mr. Nityanand(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-11-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
The basic accusation is of torture for non-fulfillment of the dowry demand.
It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant and birth of a male child and is ready to keep the complainant as wife with full dignity and honour. Similar was the stand of the petitioner before the learned court below but the offer of the petitioner was not accepted by the complainant which also gets reflected from the
Patna High Court Cr.Misc. No.50607 of 2015 (2) dt.03-11-2015 2/3 impugned order.
In the alternative, the petitioner is ready to pay `1,000/- per month to the complainant from December, 2015 by depositing the same in the bank account of the complainant by second week of every month.
Considering the present stand of the petitioner, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Bikramganj, Rohtas in connection with Complaint Case No. 775 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. The petitioner will serve a copy of this order to the complainant within a period of three weeks when it is expected that the complainant will supply her bank account number to the petitioner by submitting the same on affidavit before the learned court below.
The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceeding. Three consecutive defaults in making payment by the petitioner will give liberty to the complainant to file an application
Patna High Court Cr.Misc. No.50607 of 2015 (2) dt.03-11-2015 3/3 for cancellation of bail of the petitioner.
If the informant fails to submit her bank account number or refuse to accept the aforesaid amount then the aforesaid money will be deposited before the learned court below which will be subject to the result of the present case. (Dinesh Kumar Singh, J) Amrendra/- U T