Patna High CourtCR. MISC./18870/2023bail granted

Vishal 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.18870 of 2023 Arising Out of PS. Case No.-12955 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== VISHAL KUMAR S/O SRI RAJENDRA PRASAD Resident of Flat No.- 202 Vijay Residency, Abhiyanta Nagar, Danapur, P.S.- Rupaspur, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

Priya Kumari, w/o Vishal Kumar, d/o Manoj Kumar, Resident of Near 30/60 Officers Flat, Friends Colony, Bailey Road, L.B.S. Nagar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Singh For the State :

Ms.Veena Kumari Jaiswal For the O. P. No. 2 :

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

1. Heard learned Counsel for the petitioner, learned Counsel for the complainant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 12955 (C) of 2022, in which cognizance has been taken for the offences punishable under Sections 498-A/323/504 of the Indian Penal Code and Section 66-A of the Information Technology Act, 2000.

3. The prosecution case, as per the complaint petition filed by the Opposite Party No. 2, is that the marriage of the Opposite Party No. 2 was solemnized with the petitioner on 01.12.2019 and after sometime, the petitioner and

Patna High Court CR. MISC. No.18870 of 2023(5) dt.13-12-2023 2/3 other family members started demanding a flat and Rs. 50 lakhs 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. 20,000/- 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, filed or pending between the parties.

5. Learned Counsel for the complainant-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. 20,000/- per month in the bank account of the complainant-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.18870 of 2023(5) 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 Complaint Case No. 12955 (C) of 2022.

9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 20,000/- 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 √