Ramesh Kumar Nitiya @ Dablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6620 of 2023 Arising Out of PS. Case No.-85 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== RAMESH KUMAR NITIYA @ DABLU KUMAR SON OF NARESH SAW R/O VILL.- KENAR DIH, P.S.- WAZIRGANJ, DISTT.- GAYA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary, Adv.

For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP For the Informant :

Mr.Anil Kumar Saxena, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner apprehends his arrest in a case registered for the offences punishable u/s 498A/34 of the IPC. Petitioner, who is husband of informant, is said to have tortured the informant and ousted her from the matrimonial home in association of his family members over dowry demand. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner is married to another girl and has no concern with the informant. He has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.6620 of 2023(3) dt.20-06-2023 2/3 Learned counsel for the informant opposed the prayer for bail by submitting that there is specific allegation against the petitioner.

In that 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 six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five 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 Wazirganj P.S. Case No.85 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Petitioner is ready to pay Rs.4000.00 (Rupees Four Thousand) per month to the informant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

Learned counsel for the informant is directed to furnish

Patna High Court CR. MISC. No.6620 of 2023(3) dt.20-06-2023 3/3 the bank account details of the informant before the learned Court below. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the informant after she furnishes her bank account details.

If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

With the aforesaid observation and direction, this application stands disposed of.

(Anjani Kumar Sharan, J) pallavi/- U T