Saroj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77737 of 2018 Arising Out of PS. Case No.-132 Year-2018 Thana- MAHILA P.S. District- Bhojpur ====================================================== Saroj Kumar S/o Rambachan Singh Resident of Village-Edura P.s. Udwantnagar,Distt.-Bhojpur ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Mira Kumari W/o Saroj Kumar D/o Late Suresh Singh At present Resident of Village-Bhagwanpur P.S. Pawana,Distt.-Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2019 This application, for grant of anticipatory bail, arises out of Mahila P.S. Case No. 132/18, disclosing offences under Sections 498(A), 379/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

Petitioner happens to be husband of the informant and allegation against the petitioner is of subjecting the informant to cruelty with respect to demand of dowry of Rs. Two Lakhs and it further appears that reconciliation was done several times but the same failed and ultimately she was ousted from her matrimonial life. It further appears that on appearance of both the parties, the matter was earlier referred to Patna High Court Mediation and Conciliation Center vide order dated 28.02.2019

Patna High Court CR. MISC. No.77737 of 2018(4) dt.17-05-2019 2/3 and the report of Mediator is available at Flag - 'B', which shows that both the parties agreed at a point that the petitioner will pay Rs. 2500/- per month to informant but later on the parties have not agreed to withdraw the cases filed against each other.

Today also, it has been submitted by learned counsel for the petitioner that petitioner is ready to pay Rs. 2500/- per month to informant - opposite party no. 2. Further submission is that the allegation levelled by the informant is false and concocted and the petitioner has filed the divorce case and, thereafter, the case was filed by the informant. Heard learned A.P.P. as well as learned counsel for the informant. Learned counsel for the informant submits that the informant accepts the offer of the petitioner and is ready to receive Rs. 2500/- per month.

In such view of the matter, this application is disposed of with direction to the petitioner to surrender by 31.05.2019 before the court below and file a petition that he is ready to pay Rs. 2500/- per month to opposite party no. 2, on which, the court below shall release the petitioner on bail to his own satisfaction on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of like amount in

Patna High Court CR. MISC. No.77737 of 2018(4) dt.17-05-2019 3/3 connection with Mahila P.S. Case No. 132/18 subject to the condition that the petitioner will pay Rs. 2500/- per month to opposite party no. 2 from the date of order till the outcome of any maintenance case, if any, filed by the opposite party no. 2 and if the petitioner fails to pay the above stated amount of Rs. 2500/- continuously for three months, opposite party no. 2 will be at liberty to move for cancellation of bail bonds of the petitioner.

(Vinod Kumar Sinha, J) sunilkumar/- U