Subhash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10261 of 2023 Arising Out of PS. Case No.-279 Year-2022 Thana- HASPURA District- Aurangabad ====================================================== SUBHASH KUMAR S/O BIRENDRA SINGH Resident of VillagePaharpura, P.S.- Haspura, District- Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Pandey For the State :
Mr. Gauri Shankar Gupta For the Informant : Mr. Rajiv Ranjan Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 379 and 504/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
Petitioner, who is husband of informant, is said to have ousted the informant from her matrimonial home in association of his family members over the dowry demand. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor
Patna High Court CR. MISC. No.10261 of 2023(2) dt.09-05-2023 2/3 tormented her over the demand of dowry. He is still ready to keep her with full honour and dignity. Learned counsel for the petitioner further submitted that petitioner is ready to make payment of Rs.8,000/- (Rupees Eight Thousand) in second week of every succeeding month in the bank account of informant for her maintenance as per the details furnished by her counsel.
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 Haspura P.S. Case No.279 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial, maintenance or any other collateral proceedings. The present order, in any way, will preclude the parties to resolve the issue otherwise.
It is made clear that if the petitioner fails to make
Patna High Court CR. MISC. No.10261 of 2023(2) dt.09-05-2023 3/3 payment on three consecutive dates, the learned court below will be at liberty to cancel the bail bond of the petitioner. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) Trivedi/- U T