Sanjay Kumar @ Sanjay Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79245 of 2023 Arising Out of PS. Case No.-1902 Year-2022 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Sanjay Kumar @ Sanjay Kumar Sharma Son Of Late Yugal Sharma R/O Village- Ahiyapur, P.S.- Sahebganj, Dist.- Muzaffarpur ... ... Petitioner
Versus
1.
The State Of Bihar Patna 2.
Babbi Kumari W/O Sanjay Kumar @ Sanjay Kumar Sharma, D/O Dukhan Sharma R/O Village- Pokharaira, P.S.- Saraiya, Dist.- Muzaffarpur ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Hans Lal Kumar, Advocate For the Opposite Party/s :
Ms.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-03-2024
1. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State duly assisted by learned counsel for the complainant.
2. The accused/petitioner is apprehending his arrest in connection with Complaint Case No. 1902 of 2022 (T.R. No. 3929/2023) registered for the offences punishable under Section 498-A, 406, 341, 323 & 504 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. The petitioner has got no criminal antecedent, as stated in paragraph '3' of the application.
3. The allegation against the petitioner is to commit cruelty against O.P. No. 2/wife and demanded
2/4 dowry.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is desirous to lead his conjugal life with O.P. No. 2/wife and her daughter aged about three years with full honour and dignity. Learned counsel submits that petitioner has been falsely implicated with present case, allegation regarding dowry demand and cruelty appears general and omnibus and, moreover, as a good gesture he is ready to pay Rs. 3500/- as an ad-interim maintenance amount to O.P. No. 2/wife and her daughter without fail before 7th day of every english calendar month, till disposal of the present case before learned Trial Court.
5. Learned A.P.P. for the State duly assisted by learned counsel for the informant opposes the prayer for anticipatory bail of the petitioner.
6. In view of the facts and circumstances as mentioned above and by taking note of the fact as petitioner is ready to pay ad-interim maintenance amount of Rs. 3500/- to O.P. No. 2/wife, accordingly, the petitioner above named, in the event of his arrest or surrender before the
3/4 learned Court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. (West), Muzaffarpur in connection with Complaint Case No. 1902 of 2022 (T.R. No. 3929/2023), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions :- (i) Petitioner shall pay Rs. 3500/- as an ad-interim maintenance amount to O.P.
No. 2/wife on or before 7th day of English calendar month. Payment for the month of March be made in cash at the time of furnishing bail bond, whereas maintenance amount from the month of April onwards be paid through bank account of O.P. No. 2/wife, if not available same be opened by petitioner on his expenditure, if any.
(ii) If petitioner fails to pay ad-interim
4/4 maintenance for two consecutive months the bail bond of petitioner shall be cancelled by the learned Trial Court, itself, if pressed by O.P. No. 2/wife.
(iii) Aforesaid conditions shall remain operational till finding of Family Court. Amount paid shall be adjusted accordingly.
(Chandra Shekhar Jha, J.) Rajeev/- U T