Patna High CourtCR. MISC./18497/2024disposed

Animesh Kumar @ Raushan v. The State Of Bihar

2024-05-23Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18497 of 2024 Arising Out of PS. Case No.-56 Year-2023 Thana- TISIAUTA District- Vaishali ====================================================== Animesh Kumar @ Raushan S/O Braj Kishore Chaudhary Resident Of Village-Shahpur, P.S.-Tisiauta, District-Vaishali. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramesh Kumar Thakur, Advocate Mr. Suraj Kumar, Advocate For the State :

Mr. Mritunjay Kumar Nirala, APP For the Informant :

Mr. Nachiketa Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State as well as learned counsel for the learned counsel for the informant.

2. The petitioner seeks bail in connection with Tisiauta P.S. Case No. 56 of 2023 dated 02.07.2023, instituted for the offence punishable under Sections 341, 323, 498A, 313, 504, 506/34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

3. The prosecution case, in short, is that the marriage of the informant was solemnized with the petitioner on 02.05.2021. After marriage, the petitioner along with other accused persons demanded five lakh rupees from the informant as additional dowry, and on non-fulfilment, they tortured and

Patna High Court CR. MISC. No.18497 of 2024(3) dt.23-05-2024 2/3 assaulted her. It is also alleged that they forcibly got aborted the informant twice.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the petitioner is the husband of the informant. It is further submitted that the petitioner is ready to keep the informant with full dignity and honour. Learned counsel for the petitioner further submits that the petitioner is student and he has to appear in competitive examination in near future. Lastly, it has been submitted that the petitioner is in custody since 08.11.2023 having no criminal antecedents. Charge-sheet has been submitted in the case.

5. On the other hand, learned A.P.P. for the State and learned counsel for the informant have opposed the prayer for bail of the petitioner. Learned counsel for the informant submits that the petitioner has regularly assaulted and tortured the informant, and got forcibly aborted the informant twice.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.18497 of 2024(3) dt.23-05-2024 3/3 each to the satisfaction of the learned ACJM Vth, Vaishali at Hazipur in Tisiauta P.S. Case No. 56 of 2023, subject to the condition that the petitioner shall deposit a sum of Rs. 5000/- per month in the bank account of informant positively in the 1st week of every month starting from the month of June, 2024.

7. Learned counsel for the informant is directed to provide the bank account detail of the informant to learned counsel for the petitioner within one week so that the said amount may be deposited every month.

8. In the event, the petitioner does not pay the monthly maintenance, as agreed, for two consecutive months, the informant shall be at liberty to file an application before the court below seeking cancellation of the bail granted to the petitioner.

(Khatim Reza, J) premchand/- U T