Shivanand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6855 of 2025 Arising Out of PS. Case No.-78 Year-2024 Thana- DULHIN BAZAR District- Patna ====================================================== Shivanand Kumar Son of Ramanand Tiwari @ Ramanand Singh Resident of Village- Lal Bhadsara, P.S.- Deulhin Bazar, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anurag Singh For the State :

Mr.Md. Mushtaque Alam For the informant :

Mr. Nilendu Kumar Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-05-2025

1. Heard learned Counsel for the petitioner, learned Counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Dulhin Bazaar Police Station Case No. 78 of 2024, registered for the offences punishable under Sections 498A/341/323/504/313/120-B of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

3. The prosecution case, as per the First Information Report, is that the marriage of the informant was solemnized with the petitioner on 26.04.2018 and after sometime, the petitioner and other family members started demanding motorcycle by way of dowry and due to non-fulfillment

Patna High Court CR. MISC. No.6855 of 2025(3) dt.12-05-2025 2/3 of the said demand, the petitioner and other family members tortured the informant physically as well as mentally and also ousted the informant from her matrimonial home.

4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. However, without prejudice to the right and contention of the petitioner, and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 5,000/- per month to the informant as living cost, subject to the final outcome of the present case as well as the matrimonial case, if any, pending and/or decided between the parties.

5. Learned Counsel for the informant accepts the offer so made by learned Counsel for the petitioner and submits that the petitioner may be directed to deposit the said amount of Rs. 5,000/- per month in the bank account of the informant, details of which shall be furnished by learned Counsel for the informant to learned Counsel for the petitioner within fifteen days from today.

6. After having heard learned Counsel for the parties and

Patna High Court CR. MISC. No.6855 of 2025(3) dt.12-05-2025 3/3 taking into consideration the materials on record and the fact that the offer made by learned Counsel for the petitioner has been accepted by learned Counsel for the informant, I am inclined to grant the petitioner privilege of anticipatory bail.

7. This application is, accordingly, allowed.

8. Let the petitioner, above named, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge, Danapur, in connection with Dulhin Bazaar Police Station Case No. 78 of 2024.

9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 5,000/- per month in the bank account of the informant positively, starting from 07th June, 2025.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √