Shailesh Mali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70452 of 2022 Arising Out of PS. Case No.-143 Year-2021 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== SHAILESH MALI Son of Shri Bhagrashan Mali R/V- Surwal, P.S- Ziradei, Dist- Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Kumari Wife of Shailesh Mali, Daughter of Late Amar Mali R/VSurwal, P.S- Ziradei, Dist- Siwan, At present Residing at Village- Jaijore, P.S- Andar, Dist- Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhakar Singh, Adv.

For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2023 Heard learned counsel for the for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 498(A), 504, 506/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Petitioner, who is husband of informant/complainant, is said to have tortured upon her physically and mentally, in association of his family members over the dowry demand. They also ousted her from the matrimonial home. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no

Patna High Court CR. MISC. No.70452 of 2022(2) dt.31-01-2023 2/3 offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry.

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. 143 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., Petitioner is ready to pay Rs.3000.00 (Rupees Three Thousand) per month to the informant/complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant/complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

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.

Patna High Court CR. MISC. No.70452 of 2022(2) dt.31-01-2023 3/3 Learned Court below is directed to issue notice to informant/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 informant/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 learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

With the aforesaid observation and direction, this application stands disposed of.

(Anjani Kumar Sharan, J) divyanshi/- U T