Patna High CourtCR. MISC./17200/2024bail granted

Manish Kumar Mishra @ Manish Mishra v. The State Of Bihar

2024-07-31Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17200 of 2024 Arising Out of PS. Case No.-57 Year-2023 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== MANISH KUMAR MISHRA @ MANISH MISHRA SON OF JITENDRA MISHRA RESIDENT OF VILLAGE - DALIPPUR, P.S. - DHANGAI, DISTRICT - BHOJPUR (ARA) ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

PUJA PANDEY @ PUJA MISHRA WIFE OF MANISH KUMAR MISHRA, DAUGHTER OF HEERA LAL PANDEY RESIDENT OF VILLAGE - DALIPPUR, P.S. - DHANGAI, DISTRICT - BHOJPUR (ARA), AND AT PRESENT ADDRESS RESIDENT OF VILLAGE - NOKHPUR, P.S. - NAWANAGAR, DISTRICT - BUXAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr.Kamal Deo Sharma For the Opposite Party/s :

Mr. Narendra 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 informant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 57-C of 2023, registered for the offences punishable under Section 498(A), 323, 504, 506, 406, 34 of the Indian Penal Code.

3. The allegation, as per the complaint, is that the marriage of the Opposite Party No. 2 was solemnized with the petitioner on 25.10.2019. After the marriage, Rs. 10 lacs and a four wheeler was demanded as dowry from the

Patna High Court CR. MISC. No.17200 of 2024(3) dt.31-07-2024 2/3 petitioner and his family members and due to nonfulfillment of the said demand, the petitioner and other family members tortured the Opposite Party No. 2 physically as well as mentally.

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. 5,000/- 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 pending between the parties.

5. Learned Counsel for the informant-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. 5,000/- per month in the bank account of the informant-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 one week from today.

6. After having heard learned Counsel for the parties and taking into consideration the materials on record and the

Patna High Court CR. MISC. No.17200 of 2024(3) dt.31-07-2024 3/3 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 Chief Judicial Magistrate, Buxar, in connection with Complaint Case No. 57-C of 2023.

9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 5,000/- per month in the bank account of Opposite Party No. 2 positively, starting from 10th August, 2024.

(Anil Kumar Sinha, J) HarshPandey/- U T