Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23406 of 2021 Arising Out of PS. Case No.-651 Year-2020 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Gaurav Kumar Son Of Vishwanath Sah R/O Village- Daudnagar, P.S.- Vaishali, District- Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Gupta D/O Late Vindhyachal Prasad Gupta At Present Resident Of Gandhinagar, Ramna, P.S.- Nagar, District- East Champaran At Motihari. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2022 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), 323, 379, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The accusation is of making assault for nonfulfillment of dowry demand and ousting the informant from her matrimonial house.

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 the informant herself does not want to live with the petitioner. The petitioner is always ready to keep the informant as wife with full dignity and honour. A statement to that effect has been made in para 8 of the petition.

Learned counsel appearing on behalf of the informant has submitted that petitioner is in habit of making assault with the informant. Hence, out of fear of life, she does not want to live with the petitioner. In the alternative, the petitioner is ready to make payment of Rs. 5000/- per month to the informant by depositing the same in her bank account by 1st week of every month.

The petitioner undertakes that he shall pay the monthly payment of Rs. 5000/- of this month i.e. April, 2022 to the informant before filing of the bail bonds and from May, 2022, he shall continue making payment of Rs. 5000/- per month by 1st week of every month in the

3/4 bank account of the informant.

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 Chief Judicial Magistrate, East Champaran at Motihari in connection with Town P.S. Case No. 651 of 2020, 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. 5000/- by the petitioner in the account of the informant.

4/4 The aforesaid payments will be subject to any order passed in matrimonial or maintenance proceedings.

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