Patna High Court - Orders
Santosh Paswan @ Santosh Kumar vs The State Of Bihar on 12 May, 2023
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3953 of 2023
Arising Out of PS. Case No.-188 Year-2022 Thana- NAWADAH COMPLAINT CASE
District- Nawada
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Santosh Paswan @ Santosh Kumar Son Of Rambriksh Paswan R/V- Saidpur,
P.S- Giriyak, Dist- Nalanda Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sangita Devi Wife of Santosh Paswan , D/o Late shivbachan Paswan R/V-
Sandohara Post- Bhadokhara P.S- Nardiganj, Nawada, Dist- Nawada Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Subodh Kumar
For the State : Mr.Humayou Ahmad Khan
For the O.P. No. 2 Mr. Arjun Prasad.
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
3 12-05-2023Heard learned counsel for the parties.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 494, 323, 379, 324/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.
It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor Patna High Court CR. MISC. No.3953 of 2023(3) dt.12-05-2023 2/3 tormented her over the demand of dowry. 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.
However, the petitioner is ready to give
Rs.5,000.00 (Rupees Five Thousand) per month as
maintenance to opposite party no.2 in first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding. If the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, his bail bond shall automatically be cancelled.
Learned counsel for the opposite party no. 2, under instruction, submits that opposite party no.2 undertakes to provide her bank account details to the petitioner within a period of two weeks by submitting the same on affidavit before the learned court below.
In that view of the matter, let the above named petitioner, be released on anticipatory 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 Patna High Court CR. MISC. No.3953 of 2023(3) dt.12-05-2023 3/3 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. 188 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., 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.
(Anjani Kumar Sharan, J) devendra/-
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