Raja Thakur @ Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8590 of 2025 Arising Out of PS. Case No.-332 Year-2023 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Raja Thakur @ Raja Kumar Son of Om Prakash Thakur village- Sugaon, PoSugaon, Ps- Sugauli, Dist- East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar bihar 2.
Chandani kumari D/O- Ravi Kumar Dubey, Vill- Jathwalia, P.S- Kundwa Chainpur, Dist- East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Archana Jha For the Opposite Party/s :
Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-05-2025
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Complaint Case No. 332 of 2023 dated 04.11.2023 registered for the offence punishable under Sections 323, 406, 379, 307, 498A of the I.P.C. and Section 3⁄4 of the D.P. Act.
3. As per the complaint petition the marriage of the complainant was solemnized with the petitioner on 10.03.2023 according to Hindu rites and rituals. It is alleged that the petitioner and his family members started demanding Hero Honda motorcycle and Rs. 2,00,000/- cash from the complainant as dowry and due to non fulfillment of the demand the complainant was subjected to cruelty both physically and
2/4 mentally. It is further alleged that the accused persons tried to burn the complainant by L.P.G.
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. The petitioner neither demanded a single farthing from the complainant or her parents nor tortured or assaulted the complainant. The complainant herself departed from her matrimonial home with all her belongings and has filed this false and concocted case with a view to put pressure upon the petitioner to leave his house and settle with her at her parental place. The petitioner is ready to keep his wife will full honour and dignity and he has filed matrimonial case for restitution of conjugal rights under Section 9 of the Hindu Marriage Act before the court of Principal Judge, Family Court, Motihari vide Matrimonial Case No. 247 / 2024.
However, without prejudice to the right and contention of the petitioner and in order to maintain harmony in the family, the petitioner undertakes to pay a sum of Rs. 2,000/- per month to the Opposite Party No. 2 as "living cost" subject to final outcome of the present case as well as matrimonial case and / or maintenance case filed and decided between the parties.
5. Learned counsel for the complainant / Opposite Party No.
3/4 2 accepts the offer so made by learned counsel for the petitioner and submits that petitioner may be directed to deposit the said amount of Rs. 2,000/- per month in the bank account of the complainant / Opposite Party No. 2, details of which shall be furnished by learned counsel for the Opposite Party No. 2 to learned counsel for the petitioner within ten days from today.
6. After having heard learned counsel for the parties and 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 Opposite Party No. 2, as such, I am inclined to grant the privilege of anticipatory bail to the petitioner.
7. 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 anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st cum Sub Munsif, Sikrahana, Dhaka, East Champaran in connection with Complaint Case No. 332 of 2023 subject to the condition as laid down under Section 482(2) of the B.N.S.S. 2023 as well as the following condition:- (i) that the petitioner shall deposit a sum of
4/4 Rs. 2,000/- per month in the bank account of the Opposite Party No. 2 positively by the 7th day of every month starting from the month of June, 2025. (Anil Kumar Sinha, J) praful/- U T