Satyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62027 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- MAHILA P.S. District- Patna ====================================================== SATYAM KUMAR Son of Shri Suresh Singh Resident of Village - Mainpura, Behind Of Mahavir Vatsaly, L.C.T. Ghat, P.S.- Patliputra, Dist.- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Arti Kumari D/o Shri Laldev Prasad Resident of Village - Rupaspur, P.S.- Rupaspur, Dist.- Patna.(Informant) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Narayan Brahmachari For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-12-2019 Petitioner seeks bail in anticipation of his arrest in connection with Mahila P.S. Case No. 32 of 2019 registered for the offences punishable under Sections 323, 341, 498A, 406, 504 and 506/34 of the Indian Penal Code.

As per FIR petitioner happens to be husband of the informant and there is allegation against him that he assaulted her and ousted her from the house with respect to demand of dowry. Submission of learned counsel for the petitioner is that he is still ready to keep her with dignity and care but she is not ready to reside with him and she is residing at her Maike. In this case, on appearance of opposite party No.2 the matter was referred to the Mediation centre but the mediation failed. Submission of learned counsel for opposite party No.2 is

Patna High Court CR. MISC. No.62027 of 2019(3) dt.18-12-2019 2/2 that out of fear she is not ready to reside with the petitioner and she has not been paid any maintenance amount and petitioner was ready for one time settlement before the Mahila Police Station. Heard learned APP also.

In view of above facts and circumstances, let petitioner, in the event of arrest or surrender, be released 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 Smt. Madhavi Singh, Judicial Magistrate, 1st Class, Patna, in connection with Mahila P.S. Case No. 32 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition that if any petition for maintenance is filed by opposite party No.2, on personal service of notice petitioner has to appear in the Family Court and co-operate in disposal of maintenance case.

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