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Patna High CourtCR. MISC./13695/2023allowed

Ranjan Yadav v. The State Of Bihar

2023-05-12Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13695 of 2023 Arising Out of PS. Case No.-62 Year-2022 Thana- MAHILA PS District- Darbhanga ====================================================== RANJAN YADAV S/O VAIRAGI YADAV R/v- Masbasi, P.S.- Ghanshyampur, District- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

KRISHNA DEVI W/O RANJAN YADAV R/v- Masbasi, P.S.- Ghanshyampur, District- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-05-2023 Heard learned counsel for the for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 494, 323 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

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

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.13695 of 2023(2) dt.12-05-2023 2/3 offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry.

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. 62 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Petitioner is ready to pay Rs. 3,000.00 (Rupees Three Thousand) per month to the informant/complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant/complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

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.

Patna High Court CR. MISC. No.13695 of 2023(2) dt.12-05-2023 3/3 Learned Court below is directed to issue notice to informant/complainant for furnishing her bank account details. 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 informant/complainant after she furnishes her bank account details.

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.

With the aforesaid observation and direction, this application stands disposed of.

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