← Library
Patna High CourtCR. MISC./30469/2024bail granted

Paramjeet Kumar v. The State Of Bihar

2024-09-21Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30469 of 2024 Arising Out of PS. Case No.-960 Year-2020 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Paramjeet Kumar Son of Raj Kumar Sah Resident of Village- Tara Dhamaun,P.S Patory, District Samastipur(Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Nandan Kumari W/O- Paramjet Kumar Resident of Village- Tara Dhamaun,P.S Patory, District Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajnish Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-09-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 960 of 2020 dated 10.09.2020 registered for the offence punishable under Sections 341, 323, 498(A), 504 / 34, 506 of the I.P.C. and Section 3⁄4 of the D.P. Act.

3. As per the complaint petition the marriage of the complainant was solemnized with the petitioner on 04.02.2018 and after two months the petitioner and his mother started pressurizing her to bring Rs. 200000/- and one Bullet motorcycle from her parents, for which, she was subjected to mental and physical torture by the accused persons and due to non fulfillment of dowry demand lastly she was ousted from her matrimonial home.

Patna High Court CR. MISC. No.30469 of 2024(3) dt.21-09-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence in the manner alleged and he has falsely been implicated in this case. The petitioner neither demanded a single farthing from the complainant or her parents nor tortured or assaulted the complainant. He further submits that the complainant voluntarily left her matrimonial home 3-4 days before the alleged date of occurrence. The petitioner is still ready to keep the complainant / Opposite Party No. 2 with full honour and dignity. However, without prejudice to the right and contention of the petitioner and in order to maintain harmony in the family, the petitioner undertakes to pay a sum of Rs. 4,000/- per month to the Opposite Party No. 2 as "living cost" subject to the final outcome of the present case as well as matrimonial case and / or maintenance case filed and decided between the parties.

5. Learned counsel for the complainant / Opposite Party No. 2 accepts the offer so made by learned counsel for the petitioner and submits that the petitioner may be directed to deposit the said amount of Rs. 4,000/- per month in the bank account of the complainant / Opposite Party No. 2, details of which shall be furnished by learned counsel for the Opposite Party No. 2 to learned counsel for the petitioner within ten days from today.

Patna High Court CR. MISC. No.30469 of 2024(3) dt.21-09-2024 3/3

6. After having heard learned counsel for the parties and taking into consideration the materials on record and the fact that the offer made by learned counsel for the petitioner has been accepted by learned counsel for the Opposite Party No. 2, as such, I am inclined to grant the privilege of anticipatory bail to the petitioner.

7. Let the petitioner, above named, in the event of his arrest / surrender before the learned court below within a period of six weeks from today be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Samastipur (Bihar) in connection with Complaint Case No. 960 of 2020 subject to the condition as laid down under Section 438(2) of the Cr.P.C. as well as the following condition:- "that the petitioner shall deposit a sum of Rs. 4,000/- per month in the bank account of the Opposite Party No. 2 positively by the 7th day of every month starting from the month of October, 2024". (Anil Kumar Sinha, J) praful/- U T