Sanjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18642 of 2024 Arising Out of PS. Case No.-378 Year-2023 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Sanjeet Kumar S/o Ramjee Singh R/o vill and P.s. - Kachhawan, Distt. - Rohtas ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rekha Kumari W/o Sanjeet Kumar R/o vill and P.O. - Kachhawan, P.S. - Kachhawan, Distt. - Rohtas, At present R/o vill - Khiriaon, P.s. - Kachhawan, Distt. - rohtas ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Babu Nandan Prasad For the Opposite Party/s :
Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-07-2024
1. Heard learned Counsel for the petitioner, learned Counsel for the complainant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Complaint Case No. 378 of 2023, registered for the offences punishable under Sections 498-A/323 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
3. The allegation, as per the complaint case, is that the marriage of the Opposite Party No. 2 was solemnized with the petitioner on 04.05.2022 and at the time of marriage the father of the complainant gave Rs. 2,70,000/- cash and ornaments of gold and silver as gift
Patna High Court CR. MISC. No.18642 of 2024(3) dt.31-07-2024 2/3 and one Splendor motorcycle. It has further been stated that the petitioner and other family members started demanding golden chain, television and one buffalo as dowry. Due to non-fulfillment of the said demand, the complainant was ousted from her matrimonial home.
4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. However, without prejudice to the right and contention of the petitioner, and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 3,000/- per month to the Opposite Party No. 2 as living cost, subject to the final outcome of the present case as well as the matrimonial case, if any, pending and/or decided between the parties.
5. Learned Counsel for the complainant-Opposite Party No. 2 accepts the offer so made by learned Counsel for the petitioner and submits that the petitioner may be directed to deposit the said amount of Rs. 3,000/- per month in the bank account of the complainant-Opposite Party No. 2, details of which shall be furnished by learned Counsel for the Opposite Party No. 2 to learned Counsel for the petitioner within ten days from today.
Patna High Court CR. MISC. No.18642 of 2024(3) dt.31-07-2024 3/3
6. After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the offer made by learned Counsel for the petitioner has been accepted by learned Counsel for the Opposite Party No. 2, I am inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bikramganj, Rohtas, in connection with Complaint Case No. 378 of 2023.
9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 3,000/- per month in the bank account of Opposite Party No. 2, staring from 15th August, 2024.
(Anil Kumar Sinha, J) ashwani/- U T