Brihaspat Pal @ Bihaspat Pal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74446 of 2022 Arising Out of PS. Case No.-299 Year-2022 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== BRIHASPAT PAL @ BIHASPAT PAL S/o Kanhai Pal R/o village- Bairiya, P.S.- Mali, Distt- Aurangabad (Bihar).
... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Sonam Devi W/o Brihaspat Pal @ Bihaspat Pal R/o - South Gate Rajput Tola, Kanhauli, Vishnudutt Bela, RK Asharam, Muzaffarpur. At present residing at village- - Naugarh, Aurangabad Muffasil, Distt- Aurangabad (Bihar).
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Leelawati Kumari For the Opposite Party/s :
Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-05-2023 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 Section 498A, 379, 323, 504/34 of the Indian Penal Code.
Petitioner, who is husband of informant/complainant, is said to have ousted her from the matrimonial home in association of his family members over the dowry demand. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor
Patna High Court CR. MISC. No.74446 of 2022(3) dt.19-05-2023 2/3 drove her out of her matrimonial home nor tormented her over the demand of dowry. 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 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.299 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., Petitioner is ready to pay Rs.4000.00 (Rupees Four 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
Patna High Court CR. MISC. No.74446 of 2022(3) dt.19-05-2023 3/3 subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.
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) shikha/- U T