Anuj Kumar @ Anuj Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22908 of 2024 Arising Out of PS. Case No.-38 Year-2023 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== Anuj Kumar @ Anuj Rai Son of Rattan Rai @ Ram Ratan Singh Resident of Village- Chakgangadhar (Ismailpur), P.S.- Bidupur, Dist.- Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar Patna 2.
Sita Kumari Wife of Anuj Kumar @ Anuj Rai, Daughter of Subodh Rai Resident of Village- Vajitpur Chakkasturi, P.S.- Desari, Dist.- Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kuldeep Kumar, Advocate For the State :
Mr. Arun Kumar, APP For the Complainant :
Mr. Nachiketa Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-11-2024 Heard learned counsel for the for the petitioner, learned APP for the State and learned counsel for the complainant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 379, 498(A) of the IPC and 3/4 of DP Act.
3. Petitioner, who is husband of complainant, is said to have abused, tortured and ousted her from the matrimonial home in association of his family members over the dowry demand of about five lakhs. It is further alleged that they snatched all her ornaments.
4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no
Patna High Court CR. MISC. No.22908 of 2024(4) dt.18-11-2024 2/3 offence. He has falsely been implicated in this case with ulterior motive. There is a family dispute between the petitioner and the complainant. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry rather she herself went to her maike. There allegation against the petitioner is general and omnibus.
5. In that 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 six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five 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. 38 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,
6. Petitioner is ready to pay Rs.3,000.00 (Rupees Three Thousand) per month to the complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.
Patna High Court CR. MISC. No.22908 of 2024(4) dt.18-11-2024 3/3
7. 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.
8. Learned counsel for the complainant is directed to furnish the bank account details of the complainant in the learned Court below. If she 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.
9. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.
10. With the aforesaid observation and direction, this application stands disposed of.
(Anjani Kumar Sharan, J) priyanka/- U T