Shyamjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1004 of 2025 Arising Out of PS. Case No.-558 Year-2023 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Shyamjit Kumar Son of Late Yamuna Prasad Resident of Village - Saidabad, P.S. - Ranitalab Kanpa, District - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Smt. Janki Kumari Wife of Shyamjit Kumar and Daughter of Vinod Prasad Resident of Village - Saidabad, P.S. - Ranitalab Kanpa, District - Patna, at present residing at Village and P.O. - Piyanian, P.S. - Udwantnagar, District - Bhojpur (Ara) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Srivastava For the Opposite Party/s :

Mr.Kanhiya Kishor ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 17-06-2025 Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned APP for the State.

2. Petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 379, 506 of the Indian Penal Code.

3. The case is one under section 498A and the petitioner is a husband. The allegation in the complaint petition is that demand of dowry and torture and it has also been stated that there are two children out of wedlock.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.1004 of 2025(3) dt.17-06-2025 2/3 allegations made in the complaint is not correct and as a matter of fact, it is the wife who has got prepared divorce agreement on a stamp paper and has taken away all her articles out her own volition.

5. Learned counsel appearing for the informant however, opposes the submission and submits that the said divorce agreement is a forged piece of document.

6. At this stage, the learned cousnel for the petitioner makes an offer to pay a sum of Rs. 3000/- per month to the opposite party no. 2 subject to final outcome of any maintenance proceeding.

7. Considering all the above mentioned facts and circumstances, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today the petitioners shall be released on bail on furnishing bail bonds of Rs 10,000/- (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 Complaint Case No.558(c) of 2023 subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that the petitioner shall co-operate in investigation/ trial.

Patna High Court CR. MISC. No.1004 of 2025(3) dt.17-06-2025 3/3

8. Learned counsel for the O.P.No. 2 under instruction, submits that she undertakes to provide her bank account details to the petitioner within a period of two weeks from today, If the O.P.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 O.P.No.2, the O.P.No.2 would be at liberty to file cancellation of bail . (Soni Shrivastava, J) N.K/- U T