Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23787 of 2025 Arising Out of PS. Case No.-767 Year-2023 Thana- COMPLAINT CASE - PATNA CITY District- Patna ====================================================== Subodh Kumar Son of Naresh Prasad Resident of Jarasandh Nagar, Bigrahpur Raod, Patna, G.P.O., Patna, Bihar, Pin Code - 800001 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priya Kumari age - 25 Female D/o - Vinod Prasad R/o- Village - Majhauli PS Phulwarisharif, Distt - Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP For the Informant :

Mr. Vinod Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-07-2025 Heard Mr. Mukesh Kumar, learned counsel for the petitioner, Mr. Vinod Pandey, learned counsel appearing on behalf of the complainant as well as Mr. Anil Kumar, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Complaint Case No. 767 of 2024 for the offences punishable under Sections 323 and 498A of the Indian Penal Code.

3. According to prosecution case, this petitioner along with other accused persons have tortured and assaulted the complainant due to non-fulfillment of demand of Rs. 5,00,000/- and left the petitioner's house.

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4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the complaint petition is false and fabricated and the petitioner has not committed any offences as alleged in the complaint petition.

5. Learned counsel appearing on behalf of the complainant on the basis of instruction fairly submits that the complainant is not ready to live with the petitioner and she wants one time settlement.

6. In view of the aforesaid, learned counsel for the petitioner submits on instruction submits that the petitioner is ready to pay Rs. 4,25,000/- (Rs. Four lakhs and twenty five thousand) as one time settlement in two installments.

7. The learned counsel appearing on behalf of the complainant as well as learned Additional Public Prosecutor have no objection if the petitioner is ready to pay the aforesaid amount.

8. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on

3/4 furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Patna City, Patna in connection with Complaint Case No. 767 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall furnish a demand draft of Rs. 2,25,000/- (Rs. Two lakhs and twenty five thousand) in favour of the complainant, namely, Priya Kumari and the same shall be deposited at the time of furnishing bail bond and the learned Court below is directed to hand over the said demand draft to the complainant or her representative and rest amount of Rs. 2,00,000/- (Rs. Two lakhs) shall be paid within a period of three months and both the parties are directed to withdraw all the cases which are pending against each other.

ii. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. iii. If the petitioner tampers with the evidence or the

4/4 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iv. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T