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Patna High CourtCR. MISC./6078/2025bail granted

Lalan Kumar v. The State Of Bihar

2025-07-23Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6078 of 2025 Arising Out of PS. Case No.-509 Year-2023 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Lalan Kumar S/O Late Gobind Mahato Resident of Village- Madapo, P.S.- Kauwakol, District- Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rinki Kumari W/O Lalan Kumar Resident of Village Madapo, P.O. Lalpur, P.S.- Kauwakol, District- Nawada, at present D/O Subodh Mahato, resident of Village- Pachrukhi, P.O. and P.S. Akbarpur, District- Nawada. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the State :

Mr.Anand Kishore Choudhary For the O.P. No. 2 Mr. Man Mohan Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. The prosecution case is based upon a complaint filed by the opposite party no. 2 in which she has made an allegation of demand of dowry and torture. Petitioner is the husband of opposite party no.2.

4. Learned counsel for the petitioner submits that the allegations levelled in the complaint are not correct and as a matter of fact, the petitioner has always been ready to keep the

Patna High Court CR. MISC. No.6078 of 2025(4) dt.23-07-2025 2/3 opposite party no.2 with full dignity and honour while the opposite party no. 2 herself is not ready to reside in the matrimonial house.

5. Learned counsel for the opposite party no. 2, however, controverts the submissions made by the learned counsel for the petitioner and rather supports the allegations made in the complaint.

6. At this stage, the petitioner offers to give Rs.3500/- (rupees three thousand five hundred) per month to opposite party no.2 in the 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.

7. In such 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 four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten 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 Nawada Complaint Case No. 509 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the

Patna High Court CR. MISC. No.6078 of 2025(4) dt.23-07-2025 3/3 B.N.S.S., and subject to the further condition that the petitioner shall cooperate in the investigation/trial.

8. Learned counsel for the opposite party no.2, under instruction, submits that the opposite party no.2 undertakes to provide her bank account details to the petitioner within a period of two weeks from today. If the opposite party no.2 furnishes the bank account in which the amount can be transferred, and yet the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, the opposite party no.2 would be at liberty to file cancellation of bail.

9. Accordingly, this application stands disposed of. (Soni Shrivastava, J) devendra/- U T