Praveen Kumar @ Praveen Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24104 of 2023 Arising Out of PS. Case No.-625 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== PRAVEEN KUMAR @ PRAVEEN YADAV son of Shiv Govind Yadav Village- Uttarwari Pokhara Ps- Bettiah Town Dist- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Nutan Devi wife of Praveen Kumar @ Praveen Yadav, D/o- Badri yadav Village- Uttarwari Pokhara Pakki Bawali Road no-5, Ps- Bettiah Town DistW. Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar For the Opposite Party/s :
Mr. Ram Sevak Choudhary Mr. Sachida Nand Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-11-2023 Heard learned counsel for the for the petitioner, learned counsel for the O.P. No.2 and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 342, 323, 328, 494, 498A, 120B, 504, 506, 376, 511 of the Indian Penal Code and Section 67 of IT Act.
3. Petitioner, who is husband of informant/complainant, is said to have ousted her from the matrimonial home in association of his family members over the dowry demand.
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.24104 of 2023(8) dt.06-11-2023 2/3 offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182.
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 Shikarpur P.S. Case No.625 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,
6. Petitioner is ready to pay Rs.8000.00 (Rupees Eight Thousand) per month to the informant/complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant/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.24104 of 2023(8) dt.06-11-2023 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 informant/complainant is directed to furnish the bank account details of the informant/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 informant/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) shikha/- U T