Patna High CourtCR. MISC./15535/2023bail granted

Pappu Roy v. The State Of Bihar

2023-12-13Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15535 of 2023 Arising Out of PS. Case No.-910 Year-2020 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== PAPPU ROY S/O KAILASH RAI Resident of Village- Kharagpur, P.S.- Naya Gaon, District- Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sumiran Rai For the State :

Mr.Parmanand Prasad For the O.P. No. 2 :

NONE ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-12-2023

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. No one appears on behalf of the informant-Opposite Party No. 2.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 910 (C) of 2020, in which cognizance has been taken for the offences punishable under Sections 498-A/406 of the Indian Penal Code.

3. The prosecution case, as per the complaint petition filed by the Opposite Party No. 2, is that the marriage of the Opposite Party No. 2 was solemnized with the petitioner about fourteen years back and after sometime, the petitioner and other family members started demanding Rs. 2,00,000/- by way of dowry and due to non-

Patna High Court CR. MISC. No.15535 of 2023(5) dt.13-12-2023 2/3 fulfillment of the said demand, the petitioner and other family members tortured the Opposite Party No. 2 physically as well as mentally and also tried to kill her by pressing her neck.

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. 3,000/- per month to the Opposite Party No. 2 as living cost, subject to the final outcome of the present case as well as the matrimonial case, if any, filed or pending between the parties.

5. After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is ready to o pay a sum of Rs. 3,000/- per month to the Opposite Party No. 2 as living cost, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his

Patna High Court CR. MISC. No.15535 of 2023(5) dt.13-12-2023 3/3 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 Judicial Magistrate, 1st Class, Begusarai, in connection with Complaint Case No. 910 (C) of 2020.

8. This is subject to the condition that the petitioner shall deposit a sum of Rs. 3,000/- per month in the bank account of Opposite Party No. 2 positively, starting from 07th January, 2024 and the petitioner will take the details of the bank account of the Opposite Party No. 2 from the learned Counsel for the Opposite Party No. 2 appearing before the District Court by filing a petition to this effect in this case within one week from today.

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