Patna High CourtCR. MISC./20196/2023bail granted

Santosh Kumar v. The State Of Bihar

2023-12-13Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20196 of 2023 Arising Out of PS. Case No.-78 Year-2021 Thana- MAHILA P.S. District- Patna ====================================================== SANTOSH KUMAR S/O RAGHUVIR THAKUR Resident of villageJaitipur, P.S.- Naubatpur, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR 2.

BINITA KUMARI D/O MOHAN THAKUR Resident of villageSampatchak Bazar, P.S.- Gopalganj, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the State :

Mr.Gauri Shankar Gupta For the O. P. No. 2 :

Mr. Nityanand Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-12-2023

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 Mahila Police Station Case No. 78 of 2021, dated 15.07.2021, registered for the offences punishable under Sections 498-A/341/323/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

3. The prosecution case, as per the First Information Report lodged by the Opposite Party No. 2, is that the marriage of the Opposite Party No. 2 was solemnized with the petitioner on 26.05.2017 and after sometime, the

Patna High Court CR. MISC. No.20196 of 2023(6) dt.13-12-2023 2/3 petitioner and other family members started demanding some money by way of dowry and due to non-fulfillment 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, if any, 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

Patna High Court CR. MISC. No.20196 of 2023(6) dt.13-12-2023 3/3 petitioner within fifteen days from today.

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 Judicial Magistrate, 1st Class, Patna, in connection with Mahila Police Station Case No. 78 of 2021.

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 07th January, 2024.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √