Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34119 of 2024 Arising Out of PS. Case No.-795 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== Raushan Kumar Son of Sonu Sah Resident of Village - Shivobahar, P.S.- Surajpura, District - Rohtas.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Puja Kumari Wife of Raushan Kumar Resident of Mohalla - Badhaiyabag Takiya, Ward No.- 10, P.S.- Sasaram (Town), District - Rohtas. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwari, Advocate For the Opposite Party/s :
Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.
2. The petitioner apprehends his arrest for the offences punishable under Sections 313, 341, 323, 498A, 504 and 506/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
3. The petitioner is the husband of opposite party no.2 and there is allegation of demand of dowry and torture.
4. It is submitted by learned counsel for the petitioner that the allegations made by the complainant/opposite party no.2 are totally false. As a matter of fact, the petitioner is ready to
Patna High Court CR. MISC. No.34119 of 2024(12) dt.29-04-2025 2/3 keep the complainant in his house with full honour and dignity. But, the fact of the matter is that the opposite party no.2 has herself deserted the petitioner.
5. Learned APP for the State and learned counsel for the opposite party no.2 opposed the prayer for anticipatory bail.
6. At this stage, the petitioner offers to give Rs.2500/- (Rupees Twenty Five Hundred) per month to opposite party no.2 in the first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceedings.
6. Considering the facts and circumstances of the case, 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 four weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Sasaram (Town) P.S. Case No.795 of 2023 , subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and subject to further condition that the petitioner shall cooperate in the investigation/trial.
Patna High Court CR. MISC. No.34119 of 2024(12) dt.29-04-2025 3/3
7. Learned counsel for the opposite party no.2, under instruction, submits that the opposite party no.2 undertakes to provide bank account details to the petitioner within a period of two weeks from today. If the opposite party no.2 furnishes the bank account in which the amount can be transferred, and yet the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, the opposite party no.2 would be at liberty to file an application to cancel the bail bonds of the petitioner.
8. Petitioner is directed to appear in Maintenance Case No.191 of 2024 pending in the Court of learned Principal Judge, Family Court, Sasaram.
9. Accordingly, this application stands disposed of. (Soni Shrivastava, J) Trivedi/- U T