Dhiraj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5650 of 2023 Arising Out of PS. Case No.-63 Year-2021 Thana- MAHILA PS District- East Champaran ====================================================== DHIRAJ KUMAR SINGH Son of Pramod Singh R/V- Nardarawa, P.SKalyanpur, Dist- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Aarti Kumari Daughter of Sunil singh R/o Mohalla- Bankatwa, P.S- Sugauli, Dist- East champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 498A, 313, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The allegation against the petitioner is that due to non-fulfillment of dowry demand of an Alto car, petitioner along with co-accused started to assault and torture the informant mentally and physically. It is further alleged that when the informant became pregnant, her mother-in-law and sister-in-law (Nanad) administered medicine in milk to her causing

Patna High Court CR. MISC. No.5650 of 2023(2) dt.03-04-2023 2/3 miscarriage.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is husband of the informant and he has never demanded dowry from the informant rather he has falsely been implicated in this case.

Learned Counsel for the informant prayed for some maintenance for survival of the informant as she is a housewife and she is not able to maintain herself.

In alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give rupee four 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 4,000/ (Four Thousand) in every month commencing from April as maintenance in the account furnished by the informant.

Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.5650 of 2023(2) dt.03-04-2023 3/3 considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahila P.S. Case No. 63 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sadar, East Champaran at Motihari. The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 4,000/- (for the month of April) 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) Amandeep/- U T