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Patna High CourtCR. MISC./36596/2025bail granted

Ravi Kumar v. The State Of Bihar

2025-09-11Mr. Justice Rajiv Roy5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36596 of 2025 Arising Out of PS. Case No.-804 Year-2023 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Ravi Kumar S/o- Harish Chandra Shrivastava @ Harish Chandra Srivastava Mohalla- Ghoshpara Near KB Jha College, Katihar PS- Katihar DistrictKatihar ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Anupma Verma W/o- Ravi Kumar, D/o- Late Vijay Kumar Verma MohManoram Bihar near DS College Katihar Ps- Katihar Muffasil Dist- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimal Kumar, Advocate For the Opposite Party/s :

Mrs.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and the State beside the informant.

2. The petitioner is apprehending arrest in connection with Complaint Case No. 804 of 2023 instituted under Sections 323, 341, 498(A) of the Indian Penal Code and section 04 of the Dowry Prohibition Act.

3. As per the prosecution story, the lady claims that the marriage took place in the year 2020 but she was always tortured for dowry. This led to the Complaint.

4. Earlier, the coordinate bench sent the matter to the Mediation Centre, the report is on record and as per the report of the Mediator dated 24.07.2025, the mediation failed.

2/5

5. Learned counsel for the petitioner submits that it has been informed by the learned counsel for the informant that the lady is staying with her parents and unable to cater even the basis needs whereas the petitioner is enjoying fruits being the Teacher at upgraded High School, Khanpur, Samastipur where he is posted as 'Science Teacher' since November, 2023.

6. Learned counsel for the petitioner controvert the same submitting that he is present serving as a Teacher in a private school.

7. On the one hand, the submission of the learned counsel for the petitioner is that he is serving in a private school, on the other hand, on affidavit the informant has given details of the posting of the petitioner.

8. The lady is suffering economically due to the fact that she has no economic support from the husband. Till they separate and reside together, the lady is entitled to the basic needs and the husband is the duty bound to make payment.

9. In that background, this Court allows the anticipatory bail application with the following conditions: (i) if it is a fact that he is serving as a Science Teacher at upgraded middle school, Khanpur, Samastipur, the lady

3/5 shall be paid Rs. 10,000/- per month and the amount shall be transferred directly to her bank account on 10th of every month by the petitioner;

(ii) the lady shall be providing the bank account details to the concerned Court so that at the time execution of the bail bond, the details could be incorporated in the order, allowing the petitioner to easily transfer the amount in her account;

(iii) if the said contention of the petitioner being the Science Teacher in a government school is correct, the lady shall be entitled to Rs. 6000/- per month with the same condition that it has to be transferred in her bank account by 10th of every month;

(iv) the petitioner has preferred a Matrimonial Suit vide case no. 282 of 2022 before the Family Court, Katihar.

10. The lady shall be filing a petition for her

4/5 maintenance and the present order of payment shall merge with the final order passed by the Family Court in the maintenance petition.

11. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Complaint Case No. 804 of 2023 to the satisfaction of learned Sub-Divisional Judicial Magistrate, Katihar subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or

5/5 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T