Pintu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65394 of 2022 Arising Out of PS. Case No.-295 Year-2020 Thana- COMPLAINT CASE District- Banka ====================================================== PINTU YADAV SON OF MAHENDRA YADAV Resident of villageBangwariya, P.S.- Fullidumar, District- Banka. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

SANGEETA DEVI W/O PINTU YADAV, D/O SAMAR YADAV Resident of village- Jagaiya, P.S.- Fullidumar, District- Banka. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-01-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered under sections 149, 323, 379, 498(A), 504, 506 and 34 of the Indian Penal Code but cognizance has been taken against the petitioner under Section 498(A) of the I.P.C. and 3/4 of D.P. Act.

The allegation against the petitioner is of torturing the complainant in association of his family members on account of non-fulfillment of demand of dowry and of ousting her out of the matrimonial house.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no

Patna High Court CR. MISC. No.65394 of 2022(2) dt.02-01-2023 2/3 offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case mostly on suspicion and grudge. There is general and omnibus allegation against the petitioner. 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 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. 295/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Petitioner is ready to pay Rs.3,000/- (Rupees Three Thousand) per month to opposite party No.2 in the first week of every month, for her maintenance, as per the bank account details furnished by her in the learned Court below. It is made clear that if the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party

Patna High Court CR. MISC. No.65394 of 2022(2) dt.02-01-2023 3/3 no.2 shall be at liberty to move before the learned Court below for cancellation of the bail bond of the petitioner. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceedings.

Learned Court below is directed to issue notice to complainant for furnishing her bank account details. 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 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 Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

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