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Patna High CourtCR. MISC./16642/2023allowed

Pallwan Kumar @ Pallwar Kumar v. The State Of Bihar

2023-03-27Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16642 of 2023 Arising Out of PS. Case No.-72 Year-2022 Thana- GAYA KOTWALI District- Gaya ====================================================== PALLWAN KUMAR @ PALLWAR KUMAR SON OF ARUN KUMAR SINHA RESIDENT AT MOHALLA- RAJENDRA NAGAR, ROAD NO. 1 A, NEAR SUB- STATION, PS- KADAM KUAN, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurav Barial For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 504, 498(A)/34 of the Indian Penal Code and section 3⁄4 of the Dowry Prohibition Act, 1961.

As per allegation in the FIR, petitioners along with his family members have tortured in various ways due to nonfulfillment dowry demand and finally they ousted her after snatching her belongings.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the informant and has been falsely implicated in this case. He has never demanded any

Patna High Court CR. MISC. No.16642 of 2023(2) dt.27-03-2023 2/3 thing from the informant. In fact, informant always keep greedy eyes over the properties of her husband and in-laws. Petitioner is languishing in judicial custody since 31.02.2023. Learned counsel for the informant prays for some maintenance for survival of the informant as she is a housewife and she is not able to maintain herself .

In the alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give Rupee twelve thousand per month from April 2023, subject to furnishing bank account number by the informant to the petitioner.

In the changed circumstance, learned counsel for the informant admits that he shall provide bank account number of the informant to the petitioner within a period of one week from today. On receipt of the bank account number of the informant, the petitioner shall deposit Rs. 12,000/- (Twelve Thousand) in first week of every month commencing from April as maintenance in the account furnished by the informant. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.16642 of 2023(2) dt.27-03-2023 3/3 bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Gaya in connection with Gaya Kotwali P.S. Case No. 72 of 2022.

The aforesaid payment will be subject to any order passed in the maintenance case for final settlement. (Sunil Kumar Panwar, J) sushma/- U