Sunny Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35358 of 2022 Arising Out of PS. Case No.-842 Year-2021 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== SUNNY KUMAR Son of Late Dayanand Mandal Resident of Village and P.O.- Bhadora, P.S.- Haveli Kharagpur (Shampur), District - Munger, Pin - 811211.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sweety Kumari Wife of Sunny Kumar D/o Nawal Kishore Ray, Resident of Village and P.O.- Bhadora, P.S.- Haveli Kharagpur (Shampur), District - Munger, Pin - 811211. At Present Residing at Village - Samastipur, P.O.- Lakhanpur, P.S.- Bhagwanpur, Dist.- Begusarai, Pin - 851133. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, A.P.P.
Mr. Binod Kumar, Advocate Mr. Rahul Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner, informant and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 498(A), 406, 323, 307 and 504 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
3. It is submitted on behalf of the petitioner that dispute between both the parties has been resolved. Learned counsel for the petitioner, by filing a supplementary affidavit, submits that the petitioner has agreed to pay Rs. 8,00,000/-
Patna High Court CR. MISC. No.35358 of 2022(10) dt.04-08-2023 2/3 (eight lacs) to the opposite party No.2 as one time settlement. Petitioner has already handed over a cheque of Rs. 4,00,000/- (four lacs) to the opposite party No. 2 vide Cheque No. 013400 dated 12.05.2023 (photocopy of the cheque annexed as Annexure 'P-8' to the supplementary affidavit) and rest of the amount i.e. Rs. 4,00,000/- (four lacs) will be paid to the opposite party No. 2 at the time of divorce. It is further submitted that opposite party No. 2 has agreed to withdraw the complaint filed against the petitioner.
4. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Begusarai in connection with Complaint Case No. 842C of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
5. However, petitioner is directed to pay the remaining amount of Rs. 4,00,000/- (four lacs) to the opposite party No. 2 and to produce the receipt thereof before the court
Patna High Court CR. MISC. No.35358 of 2022(10) dt.04-08-2023 3/3 below at the time of furnishing the bail bond. (Prabhat Kumar Singh, J) Navya/- U T