Subodh Kumar Das @ Subodh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26550 of 2024 Arising Out of PS. Case No.-205 Year-2021 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Subodh Kumar Das @ Subodh Das, Son of Ghuran Das, Resident of VillageMotipur, P.S.-Rosra, District-Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Amrita Das Wife of Subodh Kumar Das @ Subodh Das, D/o Late Ashok Das Resident of Village-Balapar, Motipur, P.S.-Rosra, District-Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raja Ram Mishra, Advocate For the State :

Ms.Pronoti Singh, APP For the O.P.No.2 : Mr. Vinay Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 17-04-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant.

2. The petitioner apprehends his arrest in connection with Complaint Case No.205 of 2021 registered for the offence punishable under Section 498A of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act in which summon has been issued vide order dated 30.11.2022.

3. Petitioner is the husband of opposite party no.2. The allegation is of demand of dowry and torture.

4. It has been submitted by learned counsel for the petitioner that the allegations made in the compliant are totally false and the present case has been filed after 11 years of

Patna High Court CR. MISC. No.26550 of 2024(7) dt.17-04-2025 2/3 marriage indicating no date and time of the offence. It has further been stated in paragraph 9 of the petition that the petitioner is ready to keep the opposite party no.2 with full dignity and honour.

5. The application has been opposed by the learned APP for the State and learned counsel for the complainant.

6. At this stage, the petitioner offers to give Rs.4000/- (rupees four thousand) per month to opposite party no.2 in the first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding.

7. In such view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Rosra, Samastipur in connection with Complaint Case No. 205 of 2021, subject to the condition as laid down under Section 438

(2) of the Cr.P.C. ans subject to the further condition that the petitioner shall cooperate in the investigation/trial.

8. Learned counsel for the opposite party no.2, under

Patna High Court CR. MISC. No.26550 of 2024(7) dt.17-04-2025 3/3 instruction, submits that the opposite party no.2 undertakes to provide her bank account details to the petitioner within a period of two weeks from today. If the opposite party no.2 furnishes the bank account in which the amount can be transferred, and yet the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, the opposite party no.2 would be at liberty to file cancellation of bail.

9. Accordingly, this application stands disposed of. (Soni Shrivastava, J) arvind/- U T