Allowed

Vishwakarma Sharma @ Vishwakarma v. The State of Bihar

Patna HC12 Dec 2023CR. MISC./55554/2023

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to a husband accused under Section 498A IPC. Directions were issued for the petitioner to pay monthly maintenance to his wife and to attempt reconciliation via the District Mediation Center.

What did the court decide?

The petitioner is released on bail upon arrest/surrender within six weeks, subject to furnishing bail bond, paying Rs.3,000 monthly to the complainant, and attempting reconciliation.

Vishwakarma Sharma @ Vishwakarma Vs The State of Bihar — Domestic Violence | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55554 of 2023

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Arising Out of PS. Case No.-1267 Year-2021 Thana- SARAN COMPLAINT CASE DistrictSaran

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======================================================

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VISHWAKARMA SHARMA @ VISHWAKARMA SON OF BAHHCHUAL SHARMA RESIDENT OF QUARTER NO. 868 SHEET NO. 25, SECTIOR 9 /C PS - HARLA DISTRICT -BOKARO

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... ... Petitioner/s

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Versus

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The State of Bihar BIHAR

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BABITA SHARMA WIFE OF VISHWAKARMA SHARMA RESIDENT OF VILLAGE- MALAHI, PS- BHELDI, DISTT- SARAN

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Dilip Kumar No.1, APP Mr. Dr. Alok Kumar Sinha, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 12-12-2023

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Heard learned counsel Mr. Surendra Kishore Thakur for

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the for the petitioner, Mr. Dr. Alok Kumar Sinha for the complainant and Mr. Dilip Kumar No.1, learned APP for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A), 323, 504, 506/34 of the Indian Penal Code.

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Petitioner, who is husband of informant/complainant, is

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said to have ousted her from the matrimonial home in association of his family members over the dowry demand.

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It is submitted by learned counsel for the petitioner

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Patna High Court CR. MISC. No.55554 of 2023(3) dt.12-12-2023 2/3

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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 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 .

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In that view of the matter, let the above named petitioner, be released on 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 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.C1-1267 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

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Petitioner is ready to pay Rs.3000.00 (Rupees Three Thousand) per month to the informant/complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant/complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the

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Patna High Court CR. MISC. No.55554 of 2023(3) dt.12-12-2023 3/3

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petitioner.

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It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

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Learned counsel for the informant/complainant is directed to furnish the bank account details of the informant/complainant in the learned Court below. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the informant/complainant after she furnishes her bank account details.

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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.

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With the aforesaid observation and direction, this application stands disposed of.

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(Anjani Kumar Sharan, J)

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shikha/-

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U T

Vishwakarma Sharma @ Vishwakarma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vishwakarma Sharma @ Vishwakarma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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