Ravi Shankar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20486 of 2024 Arising Out of PS. Case No.-7 Year-2020 Thana- SAHARSA COMPLAINT CASE DistrictSaharsa ====================================================== Ravi Shankar Kumar Son of Mithilesh Thakur @ Mithlesh Thakur Resident of Village- Dehad, P.S.- Sonbarsa Raj, District- Saharsa ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kanchan Kumari D/o Mukhlal Thakur, Wife of Ravi Shankar Kumar Resident of Village- Rupauli, P.S. Jankinagar, District- Purnea ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amarnath Jha, Advocate For the State :
Mr. Ram Sevak Choudhary, APP For the Complainant :
Mr. Amrit Abhijat, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the IPC and 3/4 of the D.P. Act.
3. As per prosecution case, the petitioner got married with complainant. After some months of marriages, the petitioner started abusing and assaulting her after drinking. It is further alleged that the petitioner and his family members demanded dowry and on refusal they tortured her.
4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no
Patna High Court CR. MISC. No.20486 of 2024(6) dt.19-11-2024 2/3 offence. Petitioner has neither made any dowry demand nor tormented her over the demand of dowry. The petitioner has been living outside Bihar for livlihood. When he came to know about this case, he tried to pacify the matter but he came to know that she has married someone. He is still ready to keep her with full honour and dignity. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182.
5. 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. 7 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,
6. 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.20486 of 2024(6) dt.19-11-2024 3/3 move before the learned Court below for cancelling the bail bond of the petitioner.
7. 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.
8. Learned counsel for the complainant is directed to furnish the bank account details of the complainant in the learned Court below. 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.
9. 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.
10. With the aforesaid observation and direction, this application stands disposed of.
(Anjani Kumar Sharan, J) priyanka/- U T