Shivendra Nath @ Gaurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3450 of 2023 Arising Out of PS. Case No.-1066 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SHIVENDRA NATH @ GAURAV SON OF RAVINDRA NATH R/O VILL.- KADRU BEHIND GALI OF MAHAVEER MANDEER, P.S.- ARGORA, DISTT.- RANCHI (JHARKHAND) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

ISHA KUMARI WIFE OF SHIVENDRA NATH @ GAURAV, D/O- LATE GOPAL KRISHNA VERMA R/O VILL.- KATRA BAZAR, NURPUR, GHAT KINARE, P.S.- MALSALAMI, DISTT.- PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-03-2023 Heard learned counsel for the for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in a case registered for the offences punishable u/s 323, 504, 406, 498A, 120(B), 354/34 of the IPC and 3⁄4 of the Dowry Prohibition Act and cognizance has been taken u/s 498(A) IPC and 4 of D.P. Act. Petitioner, who is husband of the complainant, is said to have tortured her in association of his family members over dowry demand and did not agree to keep her in their house. 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.3450 of 2023(2) dt.27-03-2023 2/3 offence. He has been falsely implicated in this case due to grudge. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. He is still ready to keep her with full honour and dignity. 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.1066 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 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant shall be at liberty to move before the learned Court below for cancelling the bail

Patna High Court CR. MISC. No.3450 of 2023(2) dt.27-03-2023 3/3 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.

Learned Court below is directed to issue notice to the complainant/ O.P. No.2 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 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) pallavi/- U T