Karan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2325 of 2022 Arising Out of PS. Case No.-344 Year-2020 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== KARAN KUMAR Son of Gauri Shankar Prasad Resident of Village - Daldalichak Chakmuni , P.S.- Nagarnausa, PO.- Daha Bigha, Dist.- Nalanda. At Present Resident of Village - New Aitwarpur, PO.- Kurthaul, P.S.- Parsa Bazar, Dist.- Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Khusbu Kumari W/o Karan Kumar Resident of Village - Sakin Daldalichak, Chakmuni , P.S.- Nagarnausa, PO.- Daha Bigha, Dist.- Nalanda. At Present - D/o Pappu Ram , Mohalla- Upari Bazar, Mali Tola, P.S.- Ekangar Sarai, Dist.- Nalanda.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satrudhan Kumar For the Opposite Party/s :
Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case no. 344(C)/ 2020 instituted for the offence under Sections 498 (A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
As per allegation in the FIR, due to non-fulfillment of motorcycle, petitioner started to abuse and torture the complainant mentally and physically.
Patna High Court CR. MISC. No.2325 of 2022(4) dt.14-11-2022 2/3 It is submitted by learned counsel for the petitioner that petitioner is husband of the informant and he has been falsely implicated in this case.
Learned counsel for the informant prays for some maintenance for her survival of the informant as she is a housewife and she is not able to maintain herself . In the alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give Rs. three thousand per month from this month, subject to furnishing bank account number by the informant to the petitioner.
In the changed circumstance, learned counsel for the informant admits that he shall provide bank account number of the informant to the petitioner within a period of one week from today. On receipt of the bank account number of the informant, the petitioner shall deposit Rs. 3,000/- (Three Thousand) in first week of every month commencing from November, 2022 as maintenance in the account furnished by the informant. Having heard learned counsel for the parties and considering the submissions made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner, above named, in the event of his arrest or surrender before
Patna High Court CR. MISC. No.2325 of 2022(4) dt.14-11-2022 3/3 learned Court below within a period of four weeks from today, shall be released on anticipatory bail on furnishing bail bonds of Rs. 3,000/-(Three Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Hilsa, Nalanda in connection with Complaint Case No. 344(C)/2020, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 3,000/- (for the month of November, 2022) by the petitioner in the account of the informant.
The aforesaid payment will be subject to any order passed in the maintenance case for final settlement. (Sunil Kumar Panwar, J) sushma/shivani U T