Radhey Shayam Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27931 of 2015 Arising Out of PS.Case No. -96 Year- 2013 Thana -MAHILA PS District- DARBHANGA ====================================================== Radhey Shayam Kumar S/o Hari Mohan Bala resident of Village Hanuman Garh, ps. Motihari, District East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Jaya Kumari Raj D/o late Ashok Kumar Raj, resident of MohallaBelwajang , PS- Laheriyasarai, District Darbhanga. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Sanjay Kr. Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2015 The petitioner is apprehending his arrest in connection with Darbhanga Mahila P.S. Case No. 96 of 2013 for the offences instituted under Sections 323, 498(A)/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that the informant was married with the petitioner on 23.11.2013 and after marriage, the petitioner and other accused persons used to torture and assault her due to non-fulfillment of dowry of a motorcycle and LCD T.V. It is alleged that the petitioner along with informant reached maternal place where he also demanded Rs. 10 lacs for starting

Patna High Court Cr.Misc. No.27931 of 2015 (2) dt.22-07-2015 2/3 business. It is alleged that the petitioner attempted to kill the victim due to non-fulfillment of demand of Rs. 10 lacs but due to intervention of local people, she could safe her life. Lastly, the victim was ousted from the matrimonial home after snatching her articles.

It has been submitted on behalf of the petitioner that the petitioner is ready to keep the informant but the same is not acceptable to her. It is further submitted that the petitioner is ready to deposit an amount of Rs. 2,000/- per month in the court below which shall be released in favour of the informant. On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the above named petitioner, who shall deposit an amount of Rs. 2,000/- per month in the court below which shall be released in favour of the informant, be released on bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Darbhanga Mahila P.S. Case No. 96 of 2013 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga, subject to the conditions as laid down under Section

Patna High Court Cr.Misc. No.27931 of 2015 (2) dt.22-07-2015 3/3 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Mahesh/- U T