Sonu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86464 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- CHAKAND District- Gaya ====================================================== Sonu Singh S/o Satyendra Narain Singh, Resident of Village - Shankar Bigha, Post- Guraru, P.S.- Konch, District- Gaya.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Pammi Kumari W/o Sonu Singh, Resident of Village - Dhakain, P.S.- Chakand, District - Gaya at present resident of Village- Shankar Bigha, PostGuraru, P.S.- Konch, District- Gaya. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudhir Kumar Sinha For the Opposite Party/s :
Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 24-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Chakand P.S. Case No.12 of 2019 registered for offence punishable under sections 498(A), 120(B)/34 of the Indian Penal Code and sections 3/4 of the Dowry Prohibition Act.
It is a matrimonial dispute between the wife and husband. Now they have agreed to separate their life from each other on payment of one time settlement of Rs.7,00,000/-. The learned counsel for the petitioner submits that the petitioner will make payment of Rs.2,00,000/- on the day of
Patna High Court CR. MISC. No.86464 of 2019(2) dt.24-02-2020 2/3 their appearance and rest he will pay in equal instalment within three months.
In such view of the matter, let the petitioner be granted provisional bail subject to payment of Rs.2,00,000/- to the opposite party no.2. The parties are directed to appear before the court below on 17.03.2020. The court below is directed to release the petitioner on provisional bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-VI, Gaya in connection with Chakand P.S. Case No.12 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
On payment of entire amount, the provisional bail granted to the petitioner will be confirmed by the court below. The learned counsel for the opposite party no.2 submits that in the event of payment she is not interested to
Patna High Court CR. MISC. No.86464 of 2019(2) dt.24-02-2020 3/3 fight any litigation with the petitioner.
In such view of the matter, the petitioner will file a fresh application before the court below and the court below will look into the matter that the parties have settled the dispute and no longer they are in belligerent state of affairs and take decision in accordance with law. The application would be filed by the petitioner after receipt of the entire amount. The photo copy of application filed before the court below by the petitioner is kept on record for future reference. (Shivaji Pandey, J) Mahesh/- U T