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Patna High CourtCR. MISC./69373/2019bail granted

Sanjay Rai v. The State Of Bihar

2022-09-26Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69373 of 2019 Arising Out of PS. Case No.-287 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== SANJAY RAI S/o Sri Janardan Rai Resident of Village- Pandey, P.S.- Paroo, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Geeta Devi Wife of Sanjay Rai , Daughter of Late Jhagru Rai Resident of Village and P.O.- Rampur, Bheriyahi, Via- Motipur, P.S.- Kathaiya, DistrictMuzaffarpur, Pin-843111 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-09-2022 Heard the learned counsel for the petitioner as well as learned APP for the informant.

The petitioner apprehends his arrest in connection with Paroo P.S. Case No. 287 of 2019, registered for the offences punishable under Sections 341, 323, 498(A), 504 and 506 of the Indian Penal Code.

The marriage between the couple appears to be solemnized 21 years before. The couple were blessed with three children.

Informant is brother of the victim. As per allegation, when he went to meet his sister, who is wife of present petitioner, she apprised him that the matrimonial inmates had made her captive and did not provide her meals. As per allegation, the accused persons

Patna High Court CR. MISC. No.69373 of 2019(7) dt.26-09-2022 2/3 inflicted atrocities on her.

All the efforts for amicable resolution of the dispute has been taken and the matter has been referred to Mediation Centre, but the process of mediation has become unsuccessful. The order sheet dated 07.01.2022 shows that the petitioner was not willing to reside with the petitioner and the order of the learned Sessions Judge shows that she was apprehending danger to her life. Learned counsel for the petitioner submits that the children are residing with the petitioner and his wife alone resides in her maikae. The petitioner is ready to provide Rs. 4,000/- per month as maintenance to the victim.

Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory 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.-III (West), Muzaffarpur in connection with Paroo P.S. Case No. 287 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C. The petitioner is directed to adhere to his words and make a payment of Rs. 4,000/- per month in the Bank account of the victim Geeta Devi.

The learned court below shall be at liberty to cancel the bail bond in case he fails to stand to his words.

Patna High Court CR. MISC. No.69373 of 2019(7) dt.26-09-2022 3/3 Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) kundan/-Mahesh U T