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Patna High CourtCR. MISC./36976/2024bail granted

Sagar Kumar v. The State Of Bihar

2025-01-29Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36976 of 2024 Arising Out of PS. Case No.-5904 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Sagar Kumar Son of Late Bhimsen Prasad Resident of Village- Charaiya Tand, Devi Asthan Gali, P.S- Jakkanpur, Dist- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rachna Devi Wife of Sagar Kumar R/O Kurthaul, P.O.- Kurthaul, P.S.- Parsa Bazar, District- Patna, Pin Code- 804453 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satrudhan Kumar For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-01-2025 Heard the learned counsel for the parties.

2. The petitioner apprehends his arrest for the offences alleged under Sections 498(A)/323, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, registered in connection with Complaint Case No. 5904 (C) of 2003.

3. As per the complaint, the complainant's marriage was solemnized with the petitioner on 11.05.2003 as per Hindu customs and rituals. Further case of the complainant is that after her marriage, she was being ill-treated and subjected to cruelty by her husband and other in-laws for demand of dowry.

Patna High Court CR. MISC. No.36976 of 2024(5) dt.29-01-2025 2/2

4. The learned counsel for the petitioner has submitted that the petitioner does not want to continue his marital life with the complainant and to this effect he has already filed a divorce suit in the court below, which is still pending.

5. Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Patna in connection with Complaint Case No. 5904 (C) of 2003, subject to the conditions as laid down under Section 438(2) Cr. P.C.

6. However, till the outcome of the divorce suit pending in the court below the petitioner shall pay a sum of Rs. 10, 000/-(Rupees ten thousand) per month as a maintenance to the complainant and her children.

(Nawneet Kumar Pandey, J) HR/- U T