Raman Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36319 of 2022 Arising Out of PS. Case No.-219 Year-2021 Thana- TARAIYA District- Saran ====================================================== RAMAN KUMAR GIRI SON OF DINDAYAL GIRI R/O VILLAGEBHATAURA, P.S.- TARAIYA, DISTRICT- SARAN ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

KHUSHBU DEVI WIFE OF RAMAN KUMAR GIRI, D/O- MOHAN GIRI @ CHANDRA MOHAN GIRI R/O VILLAGE- BHATAURA, P.O.- GAVANDRI, P.S.- TARAIYA, DISTRICT- SARAN. AT PRESENT VILLAGE- GOSKHAP, P.S.- AMNOUR, DISTRICT- SARAN, CHAPRA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sachida Nand Rai For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 342, 323, 498A, 307 & 380/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry

Patna High Court CR. MISC. No.36319 of 2022(2) dt.22-11-2022 2/3 demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. He is still ready to keep her with full honour and dignity. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182. From perusal of the impugned order, it appears that the matter was sent to the Mediation Center but the same has failed.

In that view of the matter, 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 six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Taraiya P.S. Case No.219 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., Petitioner is ready to pay Rs.2,000.00 (Rupees Two Thousand) per month to opposite party no.2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be

Patna High Court CR. MISC. No.36319 of 2022(2) dt.22-11-2022 3/3 at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings. Opposite party no.2 is directed to make available her bank account details in the learned Court below for furnishing it to the petitioner.

(Anjani Kumar Sharan, J) Trivedi/- U T