Patna High Court - Orders
Shesh Nath Pandey @ Man Pandey vs State Of Bihar & Anr on 23 January, 2017
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24675 of 2016
Arising Out of PS.Case No. -230 Year- 2015 Thana -RAJPUR District- BUXAR
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1. Shesh Nath Pandey @ Man Pandey S/o Bharat Pandey resident of
village- Surahupur (Sahpura), P.S.- Bhawar Kol, District- Gazipur
(U.P.)
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Jyoti Kumari D/o Sri Awadh Bihari Choubey resident of village-
Jalilpur (Sonpa), P.S.- Rajur, District- Buxar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar
For the Opposite Party/s : Mr. Binod Kumar(App)
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER
8 23-01-2017Heard learned counsels for the petitioner, informant and the State.
The petitioner being husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 323, 341, 377, 406, 498A, 504 of the Indian Penal Code.
The prosecution case is of inflicting torture for non-fulfilment of dowry demand and committing unnatural offence with the informant.
The petitioner and the informant are present in the Court. The petitioner is constable in the C.R.P.F. It is submitted by learned senior counsel for the petitioner that marriage between the petitioner and the informant on 21.11.2009 having no issue is admitted. The Patna High Court Cr.Misc. No.24675 of 2016 (8) dt.23-01-2017 2/4 informant deserted the petitioner leading to filing of Matrimonial Suit No. 93 of 2015 on 23.05.2015 for the restitution of conjugal rights. Thereafter Complaint Case No. 493C of 2015 was filed by the informant on 28.05.2015 which came to be registered as Rajpur P.S. Case No. 230 of 2015 on 07.12.2015 with accusation under Sections 341, 323, 406, 498A, 377/504 of the Indian Penal Code. The petitioner is still ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 11 of the petition which reads as follows:-
"That the petitioner is ready to keep the informant with full dignity and honour."
On the joint prayer of the parties, the matter was referred to the Mediation & Conciliation Centre of the Bihar State Legal Services Authority vide order dated 28.07.2016. The report of the Mediator at Flag- MoR dated 01.09.2016 reflects that the issue could not be resolved through the process of mediation even in terms of payment of one time settlement amount.
It is submitted by learned counsel for the informant that informant is not ready to accept the offer of the petitioner for resumption of the conjugal life since she is apprehensive due to the past conduct of the petitioner. Moreover, Matrimonial Suit No. 93 of 2015 filed for restitution of conjugal rights was a device to mislead the Court as the Patna High Court Cr.Misc. No.24675 of 2016 (8) dt.23-01-2017 3/4 intention of the petitioner was never been to resume the conjugal life.
Considering the rival submissions of the parties, it does not appear that the issue is likely to be resolved at present.
However, it is submitted by learned senior counsel for the petitioner that petitioner is ready to make payment of Rs. 6000/- per month to the informant from February, 2016, by depositing the same in the bank account of the informant by second week of every succeeding month.
It is submitted by learned counsel for the informant that informant is ready to accept the offer of the petitioner and undertakes to supply her bank account number by submitting the same on affidavit before learned Court below within a period of three weeks.
Considering the present stand of the parties, in order to save the informant from destitution and vagrancy with a lurking hope that the issue may be reconciled in future, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VII, Buxar in connection with Rajpur P.S. Case No. 230 of 2015.
Patna High Court Cr.Misc. No.24675 of 2016 (8) dt.23-01-20174/4
The above mentioned payment will be
subject to any order being passed in matrimonial or
maintenance proceeding.
Three consecutive defaults in making
payment will give liberty to the informant to file appropriate application for cancellation of bail of the petitioner.
The present order, in no way will preclude the parties to resolve the issue otherwise.
(Dinesh Kumar Singh, J) Shageer/-
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