Chandan Prasad @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33830 of 2022 Arising Out of PS. Case No.-279 Year-2021 Thana- PAHARPUR District- East Champaran ====================================================== CHANDAN PRASAD @ CHANDAN KUMAR S/o Rama Prasad R/o village- Sakaldeepi Tola, P.S.- Paharpur, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Neha Kumari D/o Surendra Sah R/o village- Lain Baswaria, P.O.- Ghodasahan, P.S.- Ghodasahan, Distt.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar Singh For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-11-2022 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 Paharpur P.S. Case No. 279 of 2021 instituted for the offence under Sections 498A, 494, 34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

The allegation against the petitioner is that due to non-fulfillment of dowry demand of a car petitioner started to assault and torture the complainant mentally and physically. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.33830 of 2022(2) dt.24-11-2022 2/3 offence. Petitioner is the husband of informant and has falsely been implicated in this case.

Learned counsel for the informant prayed for some maintenance for survival of the informant as she is a housewife and she is not able to maintain herself.

In 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 as maintenance in the account furnished by the informant.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender

Patna High Court CR. MISC. No.33830 of 2022(2) dt.24-11-2022 3/3 in connection with Paharpur P.S. Case No. 279 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 11th Motihari 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) amandeep/- U T