Raja Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70224 of 2022 Arising Out of PS. Case No.-1083 Year-2019 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== Raja Singh Son of Ram Narayan Singh R/o Village - Sagar Rai Ka Tola Biswaniya, P.S.- Darauli, District - Siwan ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Heena Devi Wife of Raja Singh D/o Jamadar Singh, R/o Village - Sagar Rai Ka Tola Biswaniya, P.S.- Darauli, District - Siwan, At present R/o Village - Mura, P.O.- Maniya, P.S.- Andar, District - Siwan ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Nand Kumar, APP.
For the O.P. No.2 :
Mr. Upendra Kumar, Adv.
Ms. Kumari Sujata Sinha, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2024 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code.
3. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.
4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. It is further submitted that complaint is suffering of
Patna High Court CR. MISC. No.70224 of 2022(4) dt.29-01-2024 2/3 leprosy disease which is not curable. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry.
5. 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. 1083 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,
6. Petitioner is ready to pay Rs.3,000.00 (Rupees Three Thousand) per month to opposite party no.2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.
7. 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.
8. Learned counsel for the opposite party no.2 is directed
Patna High Court CR. MISC. No.70224 of 2022(4) dt.29-01-2024 3/3 to make available the bank account details of opposite party no.2 in the learned Court below.
9. 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.
10. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) annpurna/- U T