Virendra Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37965 of 2022 Arising Out of PS. Case No.-71 Year-2021 Thana- MAHILA P.S. District- Madhubani ====================================================== Virendra Kumar Das Son Of Ram Kumar Das Resident Of Village- Yogiya, P.S.- Ladaniya, District- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka kumari Wife of Virendra Kumar Das Resident of Village Yogiya, P.s.- Ladaniya, District- Madhubani, At present Address D/O Sri Vinod Das residing of village Bhutha P.O- Khajedih P.S.- Ladaniya District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mahila instituted for the offence under Sections 323, 341, 498 (A)/34 of the Indian Penal Code and Section 3⁄4 of Dowry prohibition Act.

It is a case of assaulting and torturing due to non fulfillment of dowry demand. It is also alleged that petitioner along with co-accused persons were pressurizing the informant for abortion.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.37965 of 2022(2) dt.01-12-2022 2/3 has submitted that petitioner is innocent and he has committed no offence. He has falsely been implicated in this case. Learned Counsel for informant prayed for some maintenance for survival of the informant as she is not able to maintain herself.

In alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give Rs. 4,000/- (Rupees Four Thousands) per month from the month of December, 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. On receipt of the bank account number of the informant, the petitioner shall deposit Rs. 4,000/- (Four Thousands) in every month commencing from December 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 four weeks from today and in the event of his arrest or surrender in connection with Mahila P.S. case No. 71 of 2021, he will be

Patna High Court CR. MISC. No.37965 of 2022(2) dt.01-12-2022 3/3 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Madhubani 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 December) by the petitioner in the account of the informant.

The aforesaid payment will be subject to any order passed in the maintenance case for final settlement.

(Sunil Kumar Panwar, J) nirajkrs/- U T