Vishwajeet Kumar @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24359 of 2022 Arising Out of PS. Case No.-709 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== VISHWAJEET KUMAR @ SONU Son of Vishwanath Pandit Resident of Mohalla - Harnichak, P.S.- Beur, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Savita Devi @ Rupam @ Chanchal Kumari Daughter of Arjun Pandit W/O Vishwajit Kumar @ Sonu, Resident of Khemnichak, Road No.- 3, P.S.- Ram Krishna Nagar, District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner, learned counsel for the complainant 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. 709(C) of 2021 instituted for the offence under Section 498A of the Indian Penal Code. The allegation against the petitioner is that due to non-fulfillment of dowry demand of a Scorpio, petitioner started assaulting to the complainant due to which she received injuries. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is the husband of the complainant and he

Patna High Court CR. MISC. No.24359 of 2022(3) dt.06-12-2022 2/3 has falsely been 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 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 complainant to the petitioner.

In the changed circumstance, learned counsel for the complainant admits that he shall provide bank account number of the complainant to the petitioner within a period of one week from today. On receipt of the bank account number of the complainant, the petitioner shall deposit Rs 6,000/ (Six Thousand) in every month commencing from December as maintenance in the account furnished by the complainant. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Complainant Case No. 709(C) of 2021, he

Patna High Court CR. MISC. No.24359 of 2022(3) dt.06-12-2022 3/3 will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M., 1st Class, Patna 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 December) by the petitioner in the account of the complainant.

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