Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23223 of 2022 Arising Out of PS. Case No.-429 Year-2020 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== BITTU KUMAR SON OF MUNNA SAW R/O MOHALLA- SANT NAGAR, P.S.- PARWALPUR, DISTRICT- NALANDA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RADHIKA KUMARI WIFE OF SRI BITTU KUMAR R/O MOHALLASANT NAGAR, P.S.- PARWALPUR, DISTRICT- NALANDA, AT PRESENT RESIDENT OF JHARI SAO ROAD, THANA ROAD, JEHANABAD, P.S. AND P.O. AND DISTRICT- JEHANABAD ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramakant Sharma, Sr. Adv.

Mr. Lakshmikant Sharma Mr. Rabindra Kumar For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan For the Infor mant Mr. Vinay Mistry ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2022 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 Complaint Case no. 429 of 2020 instituted for the offence under Sections 498A and 323 of the Indian Penal Code. As per allegation in the FIR, due to non-fulfillment of dowry demand of Rs. five lakh, petitioner along with other family members started to abuse and torture the complainant mentally and physically.

Patna High Court CR. MISC. No.23223 of 2022(2) dt.10-10-2022 2/3 It is submitted by learned counsel for the petitioner that petitioner is husband of the complainant and he has been falsely implicated in this case.

Learned counsel for the complainant prayed for some maintenance for survival of the complainant as she is a housewife and she is not able to maintain herself . In the alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give Rupee six 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. 6,000/- (Six Thousand) in every month commencing from October as maintenance in the account furnished by the informant.

Having heard learned counsel for the parties and 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

Patna High Court CR. MISC. No.23223 of 2022(2) dt.10-10-2022 3/3 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, Jehanabad in connection with Complaint Case No. 429 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. 6,000/- (for the month of October) 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