Rakesh Kumar Yadav @ Subhash Chandra Kumar @ Rakesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42305 of 2024 Arising Out of PS. Case No.-1471 Year-2022 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== Rakesh Kumar Yadav @ Subhash Chandra Kumar @ Rakesh Yadav S/O Sri Sudarshan Yadav R/O Village- Dahttari, Sultanpur, P.S- Ander, Distt.- Siwan. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Priyanka Kumari W/O Rakesh Yadav D/O- Late Haridawar Yadav R/O Village- Dahwari, Sultanpur, P.S- Ander, Distt.- Siwan, At Present Habibnagar, P.S- Hussainganj, Distt.- Siwan.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Udit Narayan Singh, Adv.
For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 19-03-2025 In pursuance to the earlier order dated 14.02.2025, both the parties appeared with their respective learned lawyer in Chambers proceeding.
2. Heard the parties.
3. The petitioner is apprehending his arrest in connection with Complaint Case No. 1471 of 2022 for the offence under Sections 323, 341, 498A, 406, 307, 420, 120B of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.
4. It is a case of matrimonial dispute between the parties. Petitioner is the husband of opposite party no. 2 (complainant). Allegation against the petitioner and his family
Patna High Court CR. MISC. No.42305 of 2024(7) dt.19-03-2025 2/3 members is of torturing, assaulting and ousting the complainant from her matrimonial house due to non-fulfillment of dowry demand.
5. Learned counsel for the petitioner submits that petitioner is quite innocent, committed no offence and has been falsely implicated in this case. There is general and omnibus allegation against the petitioner for dowry demand and torture. Petitioner has never demanded any dowry from the complainant and for that never tortured her.
6. During course of argument learned counsel for both the parties have jointly submitted that matter has been amicably settled between the parties on the basis of one time settlement of Rs. 2,40,000/-. Petitioner is ready to pay the entire amount i.e. Rs. 2,40,000/- to his wife (opposite party no. 2) as one time settlement.
7. Keeping in view the aforesaid facts and considering the amicable settlement between the parties, let the petitioner be enlarged on anticipatory bail in the event of arrest or surrender within a period of four weeks from the receipt/production of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M. Siwan in connection with Complaint Case
Patna High Court CR. MISC. No.42305 of 2024(7) dt.19-03-2025 3/3 No. 1471 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(S. B. Pd. Singh, J) prabhakar/- U T