Kuldeep Kumar Singh @ Mithu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13404 of 2022 Arising Out of PS. Case No.-34 Year-2021 Thana- MAHILA P.S. District- Vaishali ====================================================== Kuldeep Kumar Singh @ Mithu Son Of Devendra Kumar Singh @ Bhagat Ji Resident Of Village - Chandpura, Police Station- Bidupur, District - Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Khushboo Kumari Daughter of Tripurari Sharan Singh Resident of VillageTotahan, Police Station - Lalganj, District - Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-07-2022 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 341, 323, 379, 498(A), 504, 506, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The accusations are of torture, making assault and ousting the informant for non-fulfillment of dowry demand.

It is submitted by learned counsel for the

2/4 petitioner that the petitioner tried his best to resume the conjugal life with the informant but she did not agree to live with the petitioner. The informant is in habit of filing false and fabricated cases against the petitioner. The informant has also filed cases against the petitioner for maintenance and under domestic violence act. Hence, the petitioner is not in a position to resume the conjugal life with the informant.

Learned counsel appearing on behalf of the informant has submitted that torture has been inflicted upon the informant for non-fulfillment of dowry demand. The informant is residing at her parental house along with her children and she is on the verge of starvation since the petitioner denied to maintain the informant and her children.

In the alternative, the petitioner is ready to make payment of Rs. 18,000/- as interim maintenance to the informant and her children before filing of the bail bonds.

3/4 The petitioner also undertakes to make payment of Rs. 18,000/- per month to the informant by depositing the same in her bank account by 1st week of every month from August, 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 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 Judicial Magistrate, 1st, Class, Vaishali at Hajipur in connection with Mahila (Hajipur) P.S. Case No. 34 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

4/4 accepted by the learned court below on showing receipt of deposit of Rs. 18,000/- 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