Sukar Kumar @ Shukhar Kumar @ Sukar Kumar Kharwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46020 of 2021 Arising Out of PS. Case No.-1161 Year-2018 Thana- ROHTAS COMPLAINT CASE District- Rohtas ====================================================== SUKAR KUMAR @ SHUKHAR KUMAR @ SUKAR KUMAR KHARWAR S/o JAWAHAR RAM @ JAWAHAR KHARWAR R/o VILLAGE-BARKI KOTHIYA, P.S-BUXAR, DISTRICT-BUXAR. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

PUNAM DEVI W/o SUKAR KUMAR, D/o RAMASHISH KHARWAR R/o VILLAGE-DHARHARA, P.O-BABHANI, P.S-KHARHGAR, DISTRICT-ROHTAS.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Dhar Jha For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case No. 1161 of 2018 instituted for the offence under Section 498(A) of the Indian Penal Code. As per allegation in the FIR, due to non-fulfillment of further dowry demand, petitioner along with his other family members started to abuse and torture the complainant mentally and physically.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.46020 of 2021(4) dt.25-07-2022 2/3 that petitioner is husband of the informant and he is ready to keep the informant as wife with full dignity and honour. The aforesaid offer of the petitioner has not been accepted by the informant who denies to go to her matrimonial house and live with her husband. However, she prays for some maintenance for her survival.

In the alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give Rupee four thousand per month from June, 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. 4,000/- (four Thousand) in first week of every month commencing from June 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

Patna High Court CR. MISC. No.46020 of 2021(4) dt.25-07-2022 3/3 four weeks from today and in the event of his arrest or surrender in connection with Complaint Case No. 1161 of 2018, 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 Sub Divisional Judicial Magistrate, Sasaram (Rohtas) 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. 4,000/- (for the month of June) by the petitioner in the account of the informant.

(Sunil Kumar Panwar, J) sushma/- U