Patna High CourtCR. MISC./45603/2024disposed

Veer Kumar v. The State Of Bihar

2024-09-21Mr. Justice Khatim Reza4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45603 of 2024 Arising Out of PS. Case No.-984 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Veer Kumar S/O Hoti Lal R/O Village-Panchlakh, Chhapra, P.S.-Parsa, Dist. - Saran(Chhapra) ... ... Petitioner/s

Versus

The State of Bihar 2.

Sanju Kumari W/O Veer Kumar, D/O late Lal Babu Mehta R/O VillagePanchlakh, Chhapra, P.S.-Parsa, Dist. - Saran(Chhapra) At present, MohallaMurtziganj, P.O.-Jhhauganj, P.S.-Mehandiganj, Distt-Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rudra Deo, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-09-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 984 of 2018 registered for the offence punishable under Sections 498(A) of the Indian Penal Code and 4 of the D.P. Act.

3. Vide order of this Court dated 24.07.2024, the instant petition for anticipatory bail was referred to Patna High Court Mediation Centre in order to explore the feasibility of amicable reconciliation between the parties. Thereafter, the mediation proceeding took place on 30th July, 2024 and it reveals that even after best and sincere efforts the dispute between the parties could not be resolved, hence the mediation

2/4 failed. Since the mediation has failed, the matter has again come up before the Bench for consideration of anticipatory bail.

4. As per the prosecution case, the marriage of the informant was solemnized with the petitioner on 17.06.2016 according to Hindu customs in which Rs. 5 lakhs cash, a motorcycle, ornaments, furniture were gifted. She went to her Sasural where her husband lived for one month and then went to Delhi for his job. After his departure other accused persons started torturing her and they demanded Rs. 5 lakhs so that their son can do business. When her husband returned, he supported his family members. On 02.08.2018 her husband assaulted her and to protect himself he consumed medicine. Her brother Sujit Kumar brought her to mayka. After 15 days her husband, elder brother-in-law and one another person came to her house and asked for money and then after abusing they went back.

5. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner as alleged and he has falsely been implicated in this case. He next submits the allegation of demand of dowry is totally false as the same has been levelled in order to harass the petitioner and his family.

6. However, without prejudice to the right and

3/4 contention of the petitioner and in order to maintain harmony in the family, the petitioner undertakes to pay a sum of Rs. 5,000/- per month to the Opposite Party No. 2 as "living cost".

7. Learned counsel for the Opposite Party No. 2 accepts the offer so made by learned counsel for the petitioner and submits that the petitioner may be directed to deposit the said amount of Rs. 5,000/- per month in the bank account of the Opposite Party No. 2 details of which shall be furnished by learned counsel for the Opposite Party No. 2 to learned counsel for the petitioner within one week from today.

8. After having heard learned counsel for the parties and taking into consideration the materials on record and the fact that the offer made by learned counsel for the petitioner has been accepted by learned counsel for the Opposite Party No. 2, I am inclined to grant anticipatory bail to the petitioner.

9. Let the petitioner, above named, in the event of his arrest / surrender before the learned court below within a period of six weeks from today be released on anticipatory bail on furnishing bail bond of Rs. 10000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court of S.D.J.M., Patna City, Patna in connection with Complaint Case No. 984 of 2018, subject to the condition as

4/4 laid down under Section 438(2) of the Cr.P.C. as well as the following conditions:- (i) The petitioner shall deposit a sum of Rs. 5,000/- per month in the bank account of Opposite Party No. 2 positively by the 2nd week of every month starting from the month of October, 2024.

(ii) In the event, the petitioner does not pay the monthly maintenance as agreed for two consecutive months, the O.P. No. 2 shall be at liberty to file an application before this court below seeking cancellation of the anticipatory bail granted to the petitioner.

(Khatim Reza, J) Sankalp/- U T