Rahul Kumar Rana @ Muntun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30408 of 2021 Arising Out of PS. Case No.-125 Year-2020 Thana- MAHILA P.S. District- Patna ====================================================== RAHUL KUMAR RANA @ MUNTUN S/O AWADESH KUMAR R/o village- Chirand, P.S.- Doriganj, District- Saran (Chapra) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sushma Kumari D/o Virendra Kumar Singh, W/o Rahul Kumar Rana @ Muntun Resident of Gola Road, Uttari More, P.S.- Danapur, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mahila Thana (Patna) P.S. Case No. 125 of 2020 instituted for the offence under Sections 498A, 323, 341 and 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

As per allegation in the FIR, due to non-fulfillment of further dowry demand of Rs. ten lakh, petitioner along with other family members started to abuse and torture her mentally and physically and finally they ousted her from her matrimonial

Patna High Court CR. MISC. No.30408 of 2021(4) dt.11-05-2022 2/3 home with her girl child.

It is submitted by learned counsel for the petitioner that petitioner is husband of the informant. Prior to lodging of the present case, petitioner had filed Divorce Case No. 99 of 2018 before the Principal Judge, Family Court, Saran. Learned counsel for the informant prays for some maintenance for survival of the informant as well as her school going girl child as she is a housewife and she is not able to maintain herself and her daughter.

In the alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give maintenance @ Rs. eight thousand per month from this month, subject to furnishing bank account number by the informant to the petitioner.

In the changed circumstance, learned counsel for the informant admits that he shall provide bank account number of the informant to the petitioner within a period of one week from today. On receipt of the bank account number of the informant, the petitioner shall deposit Rs. 8,000/- (Eight Thousand) in first week of every month commencing from the month of May as maintenance in the account furnished by the informant. Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.30408 of 2021(4) dt.11-05-2022 3/3 considering the submissions made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner, above named, in the event of his arrest or surrender before learned Court below within a period of four weeks from today, shall be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna in connection with Mahila Thana (Patna) P.S. Case No. 125 of 2020, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 8,000/- (for the month of May) by the petitioner in the account of the informant.

The aforesaid payment will be subject to any order passed in the maintenance case for final settlement. (Sunil Kumar Panwar, J) sushma/- U