Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11848 of 2025 Arising Out of PS. Case No.-347 Year-2024 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Rakesh Kumar S/O Shivjee Prasad Resident Of Village- Konhwa, P.S.- Gopalganj, Dist.- Gopalganj.
... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Sandhya Kumari W/O Rakesh Kumar, D/O Chandrama Singh R/at Vill.- Mahuari Purab Tola, P.S.-Siwan Muffasil, Dist.- Siwan. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary, Adv.
For the Opposite Party/s :
Mr. Akshay Lal Pandit, App.
For the Informant :
Mr. Manoj Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-06-2025
1. Heard learned Counsel for the petitioner, learned Counsel for the complainant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Siwan Muffasil P.S. Case No. 347 of 2024, registered for the offences punishable under Sections 341, 323, 504, 506, 498(A) of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
3. As per the prosecution case, O.P. No. 2 solemnized marriage with the petitioner on 12.06.2022, during which her family gave Rs. 7 lakh in cash and other gifts worth Rs. 6 lakh. At the time of vidai, petitioner and his father
2/4 demanded a Scorpio car and Rs. 3 lakh as additional dowry. Although the vidai proceeded after the intervention of community members, O.P. No. 2 was later subjected to physical and mental torture for not fulfilling the demand. Petitioner allegedly insulted her appearance and claimed he preferred his sister-in-law. On 28.04.2024 at 10 PM, it is alleged that petitioner and his relatives attempted to burn her by pouring kerosene on her. She managed to save herself and was expelled from her matrimonial home, with her belongings taken away.
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, pending and/or decided between the parties.
5. Learned Counsel for the complainant-Opposite Party No. 2 accepts the offer so made by learned Counsel for the
3/4 petitioner and submits that the petitioner may be directed to deposit the said amount of Rs. 3,000/- 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, 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 Sub Divisional Judicial Magistrate, Siwan, in connection with Siwan Muffasil P.S. Case No. 347 of
9. This is subject to the condition that the petitioner shall
4/4 deposit a sum of Rs. 3,000/- per month in the bank account of Opposite Party No. 2, staring from 10th July, 2025.
(Anil Kumar Sinha, J) HarshPandey/- U T