Patna High CourtCR. MISC./26425/2024bail granted

Baijnath Sonkar v. The State Of Bihar

2025-05-13Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26425 of 2024 Arising Out of PS. Case No.-376 Year-2016 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== BAIJNATH SONKAR S/O LATE LALASA PRASAD @ LALASA SONKAR R/O VILLAGE- TURKMANPUR, NEAR RATHSALA, GORAKHPUR, P.S- RAJGHAT, GORAKHPUR (U.P.).

... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

ANNPURNA KUMARI D/O DILIP KUMAR SAH R/O VILLAGEPURAB TOLA, P.S- KAHALGAON, DISTT.- BHAGALPUR. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md.Najmul Hodda, Adv.

For the State :

Mr. Shailendra Kumar, APP.

For the Complainant :

Mr. Pritish Kumar Lal, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 13-05-2025 The petitioner and the complainant are present along with their respective counsels in the Chambers proceedings.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 341, 498(A) of the Indian Penal Code r/w Sections 34, 494 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. The instant case arises out of the complaint filed by the complainant, wife of the petitioner, alleging therein that there was demand of dowry and the consequent torture upon her.

4. The matter had been referred earlier to the Mediation and Conciliation Centre, Patna High Court for resolution of the disputes between the parties, but the mediation process failed.

Patna High Court CR. MISC. No.26425 of 2024(7) dt.13-05-2025 2/3

5. Learned counsel for the petitioner submits that the allegations levelled against the petitioner are not correct and as a matter of fact, the petitioner has always been ready to take his wife and children along with him and with the same intention, he had also booked his ticket and gone to the house of the complainant to take her along, but it was the complainant who refused to go along with him.

6. Learned counsel appearing for the complainant along with the complainant herself controverts the submissions made on behalf of the petitioner and submits that the petitioner had never gone to the complainant's house to bring her back and as a matter of fact, he had gone only to the railway station and therefore, he never had the intention to take his wife along.

7. After a brief interaction with the parties, it appears that final resolution of disputes between them is not possible at this stage. However, learned counsel for the petitioner makes an offer in presence of the petitioner that he would make the payment of Rs.3500.00/- (Rupees Three Thousand Five Hundred) per month to the complainant in the second week of every month to which learned counsel for the complainant and the complainant herself agrees.

8. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of

Patna High Court CR. MISC. No.26425 of 2024(7) dt.13-05-2025 3/3 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 Court below where the case is pending/successor Court in connection with Complaint Case No. 376(c) of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

9. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

10. Learned counsel for the complainant is directed to furnish the bank account details of the complainant in the learned Court below. If the complainant fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the complainant after she furnishes her bank account details. If the petitioner fails to pay the aforesaid amount on two consecutive months, the complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

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