Sharvan Kumar Ray @ Sharwan Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51390 of 2024 Arising Out of PS. Case No.-135 Year-2022 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Sharvan Kumar Ray @ Sharwan Kumar Rai Son of Sahdev Ray @ Sahdev Rai Resident of Village - Alampur, P.S.- Bibhutipur, District - Samastipur. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Bebi Devi Wife of Sharvan Ray @ Sharvan Kumar Ray Resident of Village - Alampur, P.S.- Bibhutipur, District - Samastipur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Adv For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner, learned counsel for the state.
2. Petitioner apprehends his arrest in connection with Complaint Case No. 135 of 2022 registered for the offences punishable under sections 323, 341,379, 498A of the Indian Penal Code
3. The prosecution case is based upon the complaint wherein the allegation of demand of dowry and torture has been made.
4. Learned counsel for the petitioner submits that the allegation made in the complaint is not correct and the petitioner has never demanded any dowry and has never treated his wife
Patna High Court CR. MISC. No.51390 of 2024(6) dt.02-05-2025 2/3 with cruelty and as a matter of fact, the petitioner has also met with an accident and is also struggling himself. It is further stated that it is complainant, who has deserted the husband and his family and left the house. The learned counsel for the OP. No. 2 draws the attention of this Court to order dated 18.01.2025, whereby the petitioner had agreed to take his wife back to his house but thereafter he neither took her back nor cooperated in the process of mediation.
5. The learned APP for the State and learned counsel for the O.P.No. 2 opposed the prayer for bail
6. At this stage, the learned counsel for the petitioner makes an offer to pay a sum of Rs. 4000/- per month to the complainant subject to final outcome of any maintenance or collateral proceeding.
7. Considering all the above mentioned facts and circumstances, I am inclined to grant privilege of anticipatory bail to the petitioner. accordingly, in the event of his arrest/ surrender within a period of four weeks from today the petitioners shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st class, Biraul, Darbhanga in Complaint Case No. 135 of 2022,
Patna High Court CR. MISC. No.51390 of 2024(6) dt.02-05-2025 3/3 subject to condition as laid down under section 438(2) of the Cr.PC and subject to the further condition that the petitioner shall co-operate in investigation/ trial.
(Soni Shrivastava, J) N.K/- U T