Rahul Kumar Srivastawa @ Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40440 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== Rahul Kumar Srivastawa @ Rahul Kumar Son Of Manoj Kumar Srivastawa Resident Of Village- Bhitaha Motihari, Ps- Bairiya, Distt- West Champaran , At Present Resident Of Khiriya Ghat, Bettiah, Ps- Bairiya, Distt- West Champaran ... ... Petitioner/s
Versus
1. The State of Bihar
2. Mani Kumari aged about 36 years (F) wife of Rahul Kumar Srivastawa @ Rahul Kumar Daughter of Kubernath Sharan, resident of Village- Budhwaliya, Police Station-Nautan, District-West Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra For the Opposite Party/s :
Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-07-2023 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498(A) and 504 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.
3. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.
4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry
Patna High Court CR. MISC. No.40440 of 2023(2) dt.18-07-2023 2/3 demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. The petitioner has got no criminal antecedent as mentioned in para-3 of the bail application.
5. In that view of the matter, let the above named petitioner, be released on bail, in the event of his 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) 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 Nautan P.S. Case No. 81 of 2023 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,
6. Petitioner is ready to pay Rs.6,000/- (Rupees Six Thousand) per month to opposite party no.2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.
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.
Patna High Court CR. MISC. No.40440 of 2023(2) dt.18-07-2023 3/3
8. Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite party no.2 within a period of two weeks by submitting affidavit of the same before 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) anand/- U T