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Patna High CourtCR. MISC./44906/2024disposed

Rajesh Yadav @ Rajesh Singh Yadav v. The State Of Bihar

2025-03-05Mr. Justice S. B. P. Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44906 of 2024 Arising Out of PS. Case No.-31 Year-2021 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Rajesh Yadav @ Rajesh Singh Yadav son of Lalan Singh Village- Girdhar Baraw Ps- Nawa Nagar Dist- Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Indu Kumari wife of Rajesh Yadav @ Rajesh Singh Yadav Village- Kowath Ps- Dawath Dist- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 05-03-2025 In pursuance to the earlier order dated 19.02.2025, both parties appeared with their respective counsels in chamber proceeding.

2. Heard the parties.

3. The petitioner is apprehending his arrest in connection with Complaint Case No. 31 of 2021 for the offence under Sections 498A I.P.C.

4. It is a case of matrimonial dispute between the parties. Petitioner - Rajesh Yadav is that husband of opposite party no. 2 - Indu Kumari. Allegation against the petitioner and his family members is of torturing, assaulting and ousting the complainant from her matrimonial house due to non-fulfillment

Patna High Court CR. MISC. No.44906 of 2024(5) dt.05-03-2025 2/3 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. No any occurrence has ever been taken place as alleged by the complainanat. No any specific allegation has been made against any of the accused persons including the petitioner for demand of dowry and torture. He further submits that petitioner is ready to keep her with full dignity and regard without any grievance.

6. Learned APP opposes the prayer of anticipatory bail.

7. During course of argument learned counsel for the petitioner submits that petitioner is ready to pay Rs. 5,000/- per month as maintenance to his wife (complaianant). This fact prima-facie shows the bona-fide conduct of the petitioner. The above amount of maintenance will be adjusted in any future allowances awarded by any competent Court. Two months advance i.e. Rs. 10,000/- amount will be paid at the time of filing bail bond. Petitioner is also directed to pay the above payment on each month, failing which complainant will be entitled to make a prayer for cancellation of bail of the petitioner. Complainant shall furnish her bank account details in

Patna High Court CR. MISC. No.44906 of 2024(5) dt.05-03-2025 3/3 the lower court.

8. Keeping in view the aforesaid facts and considering the bona-fide conduct of petitoiner, 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 A.C.J.M. III, Bikramganj, Rohtas in connection with Complaint Case No. 31 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J) prabhakar/- U T