Patna High CourtCR. MISC./21805/2023bail granted

Kanhaiya Patel v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21805 of 2023 Arising Out of PS. Case No.-490 Year-2018 Thana- COMPLAINT CASE District- Lakhisarai ====================================================== KANHAIYA PATEL SON OF SRI RAM BALI MAHTO Resident of Village - Chintamani Chak, P.S. - Mokama, Distt. - Patna ... ... Petitioner/s

Versus

The State of Bihar 2.

SONI KUMARI Wife of Sri Kanhaiya Patel Resident of Village - Ali Nagar English, P.S. - Suryagarha, Distt. - Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Manglam For the State :

Mr.Raj Ballabh Singh For the O. P. No. 2 :

Mr. Rahul Kumar Singh ====================================================== 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. 490C of 2018, in which cognizance has been taken for the offences punishable under Section 498-A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

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 in the year 2012, the petitioner and other family members

Patna High Court CR. MISC. No.21805 of 2023(3) dt.13-12-2023 2/3 started demanding Rs. 50,000/- 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 and also ousted the Opposite Party No. 2 from her matrimonial home.

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. 4,000/- 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 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. 4,000/- 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.21805 of 2023(3) 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 Sub Divisional Judicial Magistrate, Lakhisarai, in connection with Complaint Case No. 490C of 2018.

9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 4,000/- 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 √