Patna High Court - Orders
Prem Chandra Ram @ Pahwari Ram vs State Of Bihar & Anr on 26 November, 2014
Author: Akhilesh Chandra
Bench: Akhilesh Chandra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26494 of 2014
Arising Out of PS.Case No. -151 Year- 2013 Thana -EAST CHAMPARAN COMPLAINT District-
EASTCHAMPARAN(MOTIHARI)
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Prem Chandra Ram @ Pahwari Ram, Son of Bhikham Ram
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Kalita Devi, Wife of Prem Chandra Ram @ Pahwari Ram, D/o Bharat
Ram
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Binay Kant Mani Tripathi
For the Opposite Party No.2: Mr. Pravin Kumar
For the Opposite Party/s : Mr. Rajendra Pd. Nat (A.P.P.)
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CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA
ORAL ORDER
4 26-11-2014Counter affidavit has been filed on behalf of the complainant-opposite party no. 2 during course of the day and, as prayed for, learned counsel appearing on behalf of the complainant- opposite party no. 2 is permitted to make necessary correction in paragraph no. 5 of the counter affidavit.
Heard learned counsel for the petitioner, learned counsel for the complainant-opposite party no. 2 and learned Additional Public Prosecutor for the State.
The petitioner, apprehending his arrest in connection with a case registered for the offence punishable under Sections 498(A) and 494 of the Indian Penal Code, is named accused in this complaint case being husband of the complainant-opposite party no. 2 with allegation of demand of dowry, torture etc. Submission is of false implication and in spite of all odds the petitioner, denying the allegation of second marriage, Patna High Court Cr.Misc. No.26494 of 2014 (4) dt.26-11-2014 2/3 intends to resume and continue the matrimonial relationship with the complainant-opposite party no. 2, who is his one and only wife, who is mother of solitary female child. Further, the petitioner, in order to strengthen his intention, also ready to pay a sum of Rs. 1000/- (one thousand only) per month to the complainant-opposite party no. 2 by way of interim maintenance, subject to any order on the point by the competent Court.
Considering the facts and circumstances of the case, in the event of filing duly verified petition by the petitioner supported with personal affidavit before the court below clearly stating all such intentions as stated above including readiness to bear the additional consequences, if affidavit is found false and begin with the payment initially by deposit in court, in the event of his arrest or surrender before the court below within four weeks, let the petitioner abovenamed be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Raxaul at Motihari, in connection with Trial No. 1496 of 2014 arising out of Complaint Case No. 151-C of 2013, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier and in case of failure on two consecutive dates without giving any reasonable explanation or even on single default in payment or on any willful violation Patna High Court Cr.Misc. No.26494 of 2014 (4) dt.26-11-2014 3/3 of the undertaking, the liberty granted shall be deemed to be cancelled.
Further, the money, so deposited, may be withdrawn by the complainant-opposite party no. 2 and paid to her by reasonable modes only in case she files an affidavit furnishing the details of second marriage with intention to bear the consequences to make false affidavit, if the same found wrong.
It is further made clear, in the event of parties files joint petitions of compromise or there is positive response on the petition filed by the petitioner by his wife i.e. complainant-opposite party no. 2 in writing by filing duly verified petition supported with personal affidavit, the court below shall permit the couple to reside at their place of choice on the condition to report personally to the court below on the dates fixed for the purpose and only after being satisfied of their conduct for a reasonable period, the court below shall pass appropriate order in accordance with law.
(Akhilesh Chandra, J) Praveen-II/-
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