Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29211 of 2022 Arising Out of PS. Case No.-2025 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== RAJESH KUMAR SON OF RAM BRIKSH SHARMA R/O- HOUSE NO 297/12 STREET NO 8 KRISHNA COLONY P S- ARJUN NAGAR DISTRICT GURGAON HARYANA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RASHMI RANI @ KHUSHBOO D/O NAVAL KISHORE SHARMA RESIDENT OF HOUSE NO 13 , BUDDHA NAGAR , ROAD NO 02, CHIRAIYATAD , EAST POSTAL PARK, P.S KANKARBAGH , DISTPATNA , BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishal Vikram Rana For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-11-2022 Heard learned counsel for the petitioner, learned counsel for the informant 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. 2025(C)/2019 instituted for the offence under Sections 498A, 496, 420, 323, 379/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. As per allegation in the FIR, due to non-fulfillment of dowry demand of cash and a car, petitioner along with other family members started to abuse and torture her mentally and physically and ultimately they ousted her after snatching her

Patna High Court CR. MISC. No.29211 of 2022(2) dt.10-11-2022 2/3 belongings.

It is submitted by learned counsel for the petitioner that petitioner is husband of the informant and he has been falsely implicated in the present case.

Learned counsel for the informant prays for some maintenance for survival of the informant 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 five 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. 5,000/- (five Thousand) in every month commencing from November, 2022 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,

Patna High Court CR. MISC. No.29211 of 2022(2) dt.10-11-2022 3/3 above named, in the event of his arrest or surrender before 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 JMFC-1st Class, Patna in connection with Complaint Case No. 2025(C)/2019, 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. 5,000/- (for the month of November) 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