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Patna High CourtCR. MISC./11708/2022bail granted

Praveen Kumar v. The State Of Bihar

2022-11-03Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11708 of 2022 Arising Out of PS. Case No.-268 Year-2021 Thana- KARAHGAR District- Rohtas ====================================================== Praveen Kumar Son Of Sri Ram Kumar Das Resident Of Village- Berdhana Bigha, P.O.- Jakhim, P.S.- Rafiganj, District- Aurangabad, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Suman Kumari Daughter of Sri Baban Kumar Residence of Village- Rediya, Post- Deoya, P.S.- Kargahar (O.P. Barhari),District- Rohtas at Sasaram. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Kant Kumar For the Opposite Party/s :

Mr. Pankaj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2022 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498(A)/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The accusation is of torture for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner tried his best to resume the conjugal life with the informant but the informant did not

Patna High Court CR. MISC. No.11708 of 2022(3) dt.03-11-2022 2/3 agree to live with the petitioner. However, petitioner is still ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 15 of the petition.

Learned counsel appearing on behalf of the informant has submitted that at present, the informant is not ready to live with the petitioner.

In the alternative, the petitioner is ready to pay Rs. 6,000/- as interim maintenance to the informant before filing of the bail bonds.

The petitioner also undertakes to make payment of Rs. 6,000/- per month to the informant by depositing the same in her bank account from November, 2022.

The learned counsel appearing on behalf of the informant has accepted the offer of the petitioner and undertakes to provide bank account details of the informant to the petitioner as early as possible. Considering the aforestated facts, let the

Patna High Court CR. MISC. No.11708 of 2022(3) dt.03-11-2022 3/3 petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Kargahar (O.P Barhari) P.S. Case No. 268 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 6,000/- by the petitioner in the account of the informant.

The aforesaid payments will be subject to any order passed in matrimonial or maintenance proceedings.

(Sunil Kumar Panwar, J) Shageer/- U T