Laxman Kumar @ Laxman Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29276 of 2024 Arising Out of PS. Case No.-17 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Laxman Kumar @ Laxman Chauhan Son of Dhaneshwar Chauhan Resident Of Village - Bihta, P.S. - Pakribarawan, Pin - 805104, District - Nawada ... ... Petitioner/S

Versus

1.

The State of Bihar 2.

Gudiya Devi Wife of Laxman Chauhan, Daughter of Dev Narayan Prasad Resident of Village - Dabhawa Beldari, P.S. - Bhadaur, Pin - 805102, District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vivek Kumar Sinha, Advocate For the State :

Mr. Md. Aslam Ansari, APP For the Complaiant :

Mr. Suraj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-12-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the IPC and 3/4 of D.P. Act.

3. Petitioner, who is husband of complainant, is said to have taunted and abused and when complainant gone to her parental home on Rakshabandhan, petitioner demanded Rs. 2,00,000/- and said that only after giving the dowry, the complainant could live in her matrimonial home.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.29276 of 2024(5) dt.09-12-2024 2/3 that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. There is general and omnibus allegation against the petitioner. It is further submitted that complainant herself was not willing to live with the petitioner and the reason would be best known to her. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application.

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 Complaint Case No. 17 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.3,000.00 (Rupees Three Thousand) per month to the complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, complainant shall be at liberty to move before the learned Court below for cancelling the bail

Patna High Court CR. MISC. No.29276 of 2024(5) dt.09-12-2024 3/3 bond of the petitioner.

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 complainant is directed to furnish the bank account details of the 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 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) priyanka/- U T