Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44771 of 2024 Arising Out of PS. Case No.-92 Year-2023 Thana- AZIMABAD District- Bhojpur ====================================================== Dhiraj Kumar S/O Sri Rajiv Singh @ Raiv Kumar Singh R/O VillageBhimpura, P.S. Azimabad, Distt-Bhojpur, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Geeta Kumari D/O Rishikesh Sharma, W/O Dheeraj Kumar R/O VillageBajalpur, P.S.-Goh, Distt-Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Kumar, Adv.

For the State :

Mr. Akbar Ali, APP For the Informant :

Mr. Ravi Ranjan Dixit, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 427, 307, 498A, 504, 506/34 of the Indian Penal Code.

3. Petitioner, who is husband of the informant, is said to have tortured upon her physically and mentally in association of his family members over the dowry demand.

4. The matter had earlier been referred to the Patna High Court Mediation Centre for amicable settlement of disputes between the parties, but the mediation process failed.

5. Learned counsel for the petitioner submits that the allegations made in the FIR are not correct and as a matter of

Patna High Court CR. MISC. No.44771 of 2024(10) dt.11-08-2025 2/3 fact, he was compelled to file a matrimonial case for divorce on 17.06.2023 and thereafter, the present case under Section 498A was filed by the present informant on 25.10.2023. It is further submitted that the petitioner has committed no cruelty upon the informant and it is only on account of some misunderstanding between the parties that the relationship is not continuing in a smooth manner. It is also submitted that both the petitioner and the informant are working and are holding positions of responsibility and the petitioner is even taking care of the medical expenses of his child as recently, he has given an amount of Rs. 3,00,000/- for the treatment of the child.

6. Learned APP for the State and learned counsel appearing for the informant, however, oppose the prayer for anticipatory bail and standby the allegations made in the FIR.

7. At this stage, learned counsel for the petitioner makes an offer that the petitioner would make the payment of Rs.5000.00/- (Rupees Five Thousand) per month to the informant in the second week of every month as medical expenses of the child.

8. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a

Patna High Court CR. MISC. No.44771 of 2024(10) dt.11-08-2025 3/3 period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten 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 Azimabad P.S. Case No. 92 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

9. 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.

10. Learned counsel for the informant is directed to furnish the bank account details of the informant in the learned Court below. If the informant fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the informant after she furnishes her bank account details. If the petitioner fails to pay the aforesaid amount on two consecutive months, the informant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

11. Accordingly, this application stands disposed of. (Soni Shrivastava, J) divyanshi/- U T