Manish Kumar @ Manish Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43291 of 2024 Arising Out of PS. Case No.-656 Year-2023 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Manish Kumar @ Manish Ram S/O Rajendra Ram R/O Village-Amathu, P.S.- Bikramganj, Distt-Rohtas at Sasaram ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Reena Kumari W/O Manish Kumar, D/O Sudama Ram R/O Amathu, P.O.- Durgadih, P.S.-Bikramganj,Distt-Rohtas at Sasaram. At present residing atDhanaw,P.O.-Dhanaw, P.S.-Nasariganj, Distt-Rohtas at Sasaram ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chhote Lal Mishra For the Opposite Party/s :
Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 07-05-2025 The petitioner and O.P. No. 2 are present along with their respective counsels.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition.
3. The present case is based upon a complaint case in which there is an allegation of demand of dowry and torture upon the petitioner, who is the husband of opposite party No.2. He is said to have ousted the opposite party No.2 from her matrimonial home in association with his family members.
4. After a brief interaction with the parties and the
Patna High Court CR. MISC. No.43291 of 2024(7) dt.07-05-2025 2/3 counsels, it appears that a final settlement of disputes between the parties is not possible at this stage and the mediation process has also failed.
5. Learned counsel for the petitioner submits that the allegations made in the complaint petition are not correct and as a matter of fact the petitioner was and is also today, ready to keep his wife along with him with due dignity and honor and even offers that he would make a separate arrangement if she so desires.
6. However, Learned counsel for O.P. No. 2 has refused the said arrangement and states that she would not be able to live with the petitioner. At this stage, the petitioner offers to give Rs.2000/- (Rupees Two Thousand) per month to opposite party No.2 in first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding.
7. In such view of the matter, let the above named petitioner, be released on bail 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 Addl. Chief Judicial Magistrate, Bikramganj Rohtas, in connection with
Patna High Court CR. MISC. No.43291 of 2024(7) dt.07-05-2025 3/3 Bikramganj Complaint Case No.656 of 2023 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023 and subject to the further condition that the petitioner shall cooperate in the investigation/trial.
8. If the O.P. No.2 furnishes the bank account in which the amount can be transferred, and yet the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, the O.P. No.2 would be at liberty to file cancellation of bail.
(Soni Shrivastava, J) sharun/- U T