Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13906 of 2024 Arising Out of PS. Case No.-155 Year-2023 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Bipin Kumar son of Mahendra Prasad Village- Bahadurpur Ps-Rajauli DistNawada ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sadhna Kumari wife of Bipin Kumar, D/o- Sri Sheo Kumar Prasad VillUkhra Barhi Bigha Ps- Wajirganj Dist- Gaya, A/P- Vill- Bahadurpur PsRajauli Dist- Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP.

Mr. Sanjay Kumar Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 4 of D.P. Act.

3. Petitioner, who is husband of complainant, is said to have tortured upon her physically and mentally and also ousted her from her matrimonial house in association of his family members over the dowry demand.

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and he has committed no offence. Petitioner has neither made any dowry demand nor

Patna High Court CR. MISC. No.13906 of 2024(3) dt.18-04-2024 2/3 ousted her from matrimonial house nor tormented her over the demand of dowry. All the allegations levelled against the petitioner are false and based on concocted facts. A Maintenance case No. 21 of 2023 was also filed by the complainant against the petitioner, which is pending in the learned Court below. Petitioner has no criminal antecedent, as mentioned in para 3 of the bail application.

5. Learned APP for the State as well as learned counsel for the complainant opposes the prayer for bail.

6. 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 Complaint Case No. 155 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. Petitioner is ready to pay Rs. 3,000.00 (Rupees Three Thousand) per month to the complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, complainant shall be at liberty to

Patna High Court CR. MISC. No.13906 of 2024(3) dt.18-04-2024 3/3 move before the learned Court below for cancelling the bail bond of the petitioner.

8. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

9. Learned counsel for the complainant is directed to furnish the bank account details of the complainant. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the complainant after she furnishes her bank account details.

10. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

(Anjani Kumar Sharan, J) divyanshi/- U T