Laxmi Ray @ Laxmi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39417 of 2024 Arising Out of PS. Case No.-223 Year-2023 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Laxmi Ray @ Laxmi Kumar S/O Monoj Ray, R/O Village- Narayanpur, P.S.- Khajauli, Dist- Madhubani.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

Surya Kala Devi D/O Debar Ray, R/O Village- Brahmpura, P.S.- Arer, DistMadhubani. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Gagan Deo Yadav, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-10-2024 Heard Mr. Gagan Deo Yadav, the learned counsel for the petitioner, the learned counsel appearing on behalf of opposite party no. 2 and Mr. Anil Kumar, the learned Additional Public Prosecutor for the State.

2.

The petitioner is apprehending his arrest in connection with C.R. Case No. 223 of 2023, FIR dated 20.06.2023, registered for the offences punishable under Sections 341, 323, 307, 379, 380, 384, 354(B), 498(A), 504 and 506 read with Section 34 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act.

3.

According to the prosecution case, the complainant / opposite party no. 2 was subjected to torture and abuse by her

Patna High Court CR. MISC. No.39417 of 2024(4) dt.26-10-2024 2/3 in-laws over non-fulfillment of dowry demand. It is further alleged that the petitioner and other co-accused persons snatched complainant's / opposite party no. 2 ornaments worth Rs. 4,00,000/- (rupees four lakhs only) and ousted her from sasural.

4.

Learned counsel for the petitioner submits that in compliance of the order dated 21.09.2024, the petitioner has already paid Rs. 15,000/- (rupees fifteen thousand only) to the complainant / opposite party no. 2 and now the complainant / opposite party no. 2 is living with the petitioner in his house. 5.

The learned counsel for the complainant / opposite party no. 2 has also confirmed that complainant / opposite party no. 2 is living with the petitioner.

6.

Considering the aforesaid facts and circumstances, let the petitioner, above-named, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I-cumSpecial Judge, Madhubani, where the case is pending in connection with C.R. Case No. 223 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and

Patna High Court CR. MISC. No.39417 of 2024(4) dt.26-10-2024 3/3 also the following conditions:

(i). Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the learned trial Court and shall remain physically present as directed by the learned trial Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the learned trial Court.

(ii). If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(iii). And further condition that the learned trial Court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the learned trial Court shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Shahnawaz/- U T