Rajan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39645 of 2023 Arising Out of PS. Case No.-917 Year-2019 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== 1.
RAJAN SINGH Son of Rana Pratap Singh Resident of village - Nonar, P.S. - Ramgarh, Distt. - Kaimur. At present resident of 2-1-47 Peda Cherlapalli, Ghatkeshar, Hydrabad (Telangana) 2.
Rana Pratap Singh Son of Late Munsi Singh Resident of village - Nonar, P.S. - Ramgarh, Distt. - Kaimur. At present resident of 2-1-47 Peda Cherlapalli, Ghatkeshar, Hydrabad (Telangana) 3.
Sanju Devi Wife of Rana Pratap Singh Resident of village - Nonar, P.S. - Ramgarh, Distt. - Kaimur. At present resident of 2-1-47 Peda Cherlapalli, Ghatkeshar, Hydrabad (Telangana) 4.
Devbrat Singh @ Chhote Singh Son of Bhuneshwar Singh Resident of village - Karsar, P.S. - Nawanagar, Distt. - Buxar At present resident of 2-147 Peda Cherlapalli, Ghatkeshar, Hydrabad (Telangana) ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Swity Devi D/o Sri Sanjay Singh Resident of village - Khirikon, P.S. - Agiaon Bazar, Distt. - Bhojpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar For the Opposite Party/s :
Mr. Asha Devi Mr. Chandan Kumar Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2023 Heard learned counsel for the parties.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
3. Petitioners are said to have ousted the opposite party no.2 from her matrimonial home over the dowry demand.
Patna High Court CR. MISC. No.39645 of 2023(3) dt.05-10-2023 2/3
4. It is submitted by learned counsel for the petitioners that the petitioners are innocent person and has committed no offence. Petitioners have neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. They are still ready to keep her with full honour and dignity. The petitioners have 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.
5. In that view of the matter, let the above named petitioners, be released on bail, in the event of their 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) each 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 Complaint Case No.917C of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,
6. Petitioner nos.1 and 2 are ready to pay Rs.5,000.00 (Rupees Five Thousand) per month to opposite party no.2 in the second week of every month. If the petitioners fail to pay the aforesaid amount on two consecutive months, opposite party
Patna High Court CR. MISC. No.39645 of 2023(3) dt.05-10-2023 3/3 no.2 shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner nos.1 and 2.
7. 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.
8. Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite party no.2 in the learned Court below.
9. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.
10. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) Trivedi/- U T