Raymond Lawrence Simon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88945 of 2024 Arising Out of PS. Case No.-66 Year-2024 Thana- MUFFASIL District- West Champaran ====================================================== Raymond Lawrence Simon Son of Late Lawrence Simon Resident of PadriDusaiya, P.S.- Banuchhapar O.P., Distt.- West Champaran, At present residence- C/O- AmrojHoro, Near Princess Marriage Lawn, StenpurPadri Bazar, P.S.- Shahpur Bazar, Distt.- Gorakhpur (UP) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nandani Kumari Thakur @ NandaniBaptis Thakur Wife of Raymond Lawrence Simon @ Raymond Laurance, D/O- Late BaptisDiyog Thakur R/O- PadriDusaiya, P.S. O.P., Distt.- West Champaran, Banuchhapar, AT present R/O- Village- Noniyar Patti, Ward No. 6, P.S.- Bettia (Town), Distt.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Ram Sumiran Rai Mrs. Rajani Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no. 2.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 498A, 376, 377, 313, 341, 323, 307, 406, 504, 506, 34 of the Indian Penal Code.

3. The matter had been referred to the Patna High Court Mediation and Conciliation Centre and it seems that the memorandum of agreement had also been prepared vide Mediation Proceeding No. 712 of 2025 indicating that the parties were agreeable on a peaceful conjugal life but

2/4 unfortunately the same was not signed and hence, the mediation process failed.

4. The allegation in the FIR arising out of a complaint relates to treating the complainant/informant with cruelty. Petitioner is the husband of opposite party no.2.

5. Learned counsel for the petitioner submits that the allegations levelled in the complaint are not correct and as a matter of fact, the petitioner has always been ready to keep his wife and still ready to keep his wife along with him as the marriage dates back to the year 2001 and there are two grown up adult girls from the said wedlock. It is further pointed out that the petitioner is posted as a Branch Manager in the Punjab National Bank and he takes care of all the expenses of the two daughters with regard to their education etc. and the said fact is not denied by the opposite party no. 2. The bonafide of the petitioner is also evident from the fact that he had also filed a case of restitution of conjugal rights.

6. Learned counsel for the opposite party no. 2, however, controverts the submissions made by the learned counsel for the petitioner and rather supports the allegations made in the FIR.

7. At this stage, despite the fact that the petitioner is

3/4 taking care of entire expenses of his both daughters yet in order to show his bonafide, an offer has been made on behalf of the petitioner that he would be making a payment of Rs. 5000/- (rupees five thousand) per month to opposite party no.2 in the first week of every month which would commence from August, 2025. Although, it remains a fact that the opposite party no. 2 herself is also a working woman and is working as a teacher in a private school. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding.

8. In such 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 four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten 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 Bettiah (Muffasil) P.S. Case No. 66 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S., and subject to the further condition that the petitioner shall cooperate in the investigation/trial.

4/4

9. Learned counsel for the opposite party no.2, under instruction, submits that the opposite party no.2 undertakes to provide her bank account details to the petitioner within a period of two weeks from today. If the opposite party no.2 furnishes the bank account in which the amount can be transferred, and yet the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, the opposite party no.2 would be at liberty to file cancellation of bail.

10. Accordingly, this application stands disposed of. (Soni Shrivastava, J) devendra/- U T