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2002 DIGILAW 1303 (PAT)

Mosomat Ful Sunder Ojha With Manoj Kumar Ojha v. State Of Bihar

2002-11-27

P.K.SINHA

body2002
Judgment P.K.Sinha, J. 1. Heard learned Counsel for the parties. 2. This petition is being disposed of along with Cr. Misc. No. 5305 of 2002 and this order will govern both the cases. 3. In this instant case, mother-in-law has come up for anticipatory bail being an accused in Complaint Case No. 109 (C) of 2001, Smt. Sangeeta Dubey " Archana" being the complainant and in the other case, Manoj Ojha, husband of the complainant, seeks the same relief. 4. As per orders, earlier, Smt. Sangeeta Dubey Archana as well as the husband-petitioner, Manoj Kumar Ojha have appeared in the Court with their respective Counsels. 5. Learned Counsel for the petitioners submits that the complainant had filed a title suit against the petitioners bearing Title Suit No. 17 of 1999, filed in the Family Court, Patna, in which both the petitioners also are defendants. The relief sought was for return of the dowry mentioned in the petition, by the defendant first party and that the defendant first party be also directed to pay an amount of Rs. 1,25,000.00 in the alternative, besides other reliefs. Both sides have said that substantive claim of Rs. 3,70,000.00 (Three lakh seventy thousand) was made against the petitioners. It has been submitted on behalf of the petitioners that they are ready to live with the complainant, particularly the petitioner Manoj Kumar Ojha is willing to live with her as husband and wife, providing security to her or in the alternative, is ready to pay a sum of Rs. 3,70,000.00 (Three lakh and seventy thousand) as claimed in the aforesaid title suit for which he is ready with bank drafts, but without any prejudice to defence of the petitioners and other accused in the criminal case. 6. On behalf of the complainant-opposite party No. 2 it was submitted that after this amount was paid to her with reference to her claim made in the aforesaid title suit, on her behalf prayer for bail will not be opposed. 7. Learned Counsel for complainant-opposite party No. 2, namely, Sri Sanjiv Kumar Verma, in presence of opposite party No. 2, accepted the bank drafts, six in number, having the following descriptions : ___________________________________________________________________________ S. Draft Date Issuing Branch Amount No. Nos. ___________________________________________________________________________ 1. 342708 24.7.2002 S.B.I., Moubhandar Rs. 2,00,000/- 2. 953972 30.7.2002 S.B.I., Hajiganj Rs. 25,000/- 3. 953971 30.7.2002 S.B.I., Hajiganj Rs. 30,000/- 4. ___________________________________________________________________________ 1. 342708 24.7.2002 S.B.I., Moubhandar Rs. 2,00,000/- 2. 953972 30.7.2002 S.B.I., Hajiganj Rs. 25,000/- 3. 953971 30.7.2002 S.B.I., Hajiganj Rs. 30,000/- 4. 396611 22.7.2002 ICICI Bank Ltd., 46, Rs. 45,000/- New Friends Colony, N. Delhi 5. 970203 22.72002 IOC, Nehru Place, Rs. 15,000/- New Delhi 6. 906352 24.7.2002 Punjab and Sind Bank, A/199, Rs. 55,000/- Okhla Ind. Area, Phase-1, N. Delhi Total amount Rs. 3,70,000 (Three lakh and seventy thousand) ___________________________________________________________________________ At this stage, the State also submits that it will not oppose the prayer for bail. 8 The petitioner Mosomat Ful Sunder Ojha in Cr. Misc. No. 9488 of 2002 and petitioner Manoj Kumar Ojha in Cr. Misc. No. 5305 of 2002 on their surrender in the lower Court within a month of the receipt of this order, they will be released on bail on furnishing bail bonds of Rs. 8,000.00 (Eight thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Patna in connection with Complainant Case No. 109 (C) of 2001, subject to the conditions as laid down u/s. 438(2) of the Code of Criminal Procedure.