Shriram Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67981 of 2023 Arising Out of PS. Case No.-1279 Year-2022 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== SHRIRAM SHARMA SON OF LATE RAMAPATI SHARMA RESIDENT OF VILLAGE - MISHRAWALIYA, P.S. - BUXAR MUFFASIL, DISTRICT - BUXAR ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

RINKU DEVI D/O. LATE SETU SHARMA, W/O. SHRIRAM SHARMA RESIDENT OF VILLAGE - RAMDHANPUR, P.S. - SIMRI, DISTRICT - BUXAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ravi Shankar Pathak, Advocate For the State :

Ms. Asha Devi, APP For Opposite Party No.2 :

Mr. Ajit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-02-2024 Heard learned counsels for the parties.

2. The petitioner, husband of the complainant/O.P.-2, apprehends his arrest in Buxar Complaint Case No. 1279 (C) of 2022 registered for the offence punishable under Sections 494 and 498A of the Indian Penal Code.

3. As per complaint case, this petitioner is alleged to have committed torture and harassment with the complainant/O.P.-2 due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand rupees) per month, starting from this month, to

Patna High Court CR. MISC. No.67981 of 2023(3) dt.27-02-2024 2/2 complainant/O.P.-2.

5. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand rupees) per month to complainant/O.P.-2, in the event of arrest/surrender within a period of six weeks from today, let the petitioner, above-named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IVth, Buxar, in connection with Buxar Complaint Case No. 1279 (C) of 2022, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:

"(A.) Complainant/O.P.-2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.

(B.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the complainant/O.P.-2.

(C.) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the court below would be at liberty to cancel the bail bond. (D.) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise."

(Prabhat Kumar Singh, J) shashank/- U T