Devendra Kumar @ Rahul Kumar @ Rahul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47681 of 2023 Arising Out of PS. Case No.-210 Year-2022 Thana- RAJIVNAGAR District- Patna ====================================================== Devendra Kumar @ Rahul Kumar @ Rahul S/O Saraswati Prasad Singh R/O Janki Kutir Apartment, Flat No. 4a, Ambedkar Path, Rukanpura, P.SRupaspur, Distt.- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priya Kumari W/O Devendra Kumar @ Rahul Kumar, D/O Kamta Kumar Singh R/O Janki Kutir Apartment, Flat No. 4A, Ambedkar path, Rukanpura, P.S- Rupaspur, Distt.- Patna. Present Address- Gandhi Nagar, Road No. 6, P.S- Rajiv Nagar, Distt.- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Damodar Prasad Tiwary Mr. Saroj Kumar Singh Mr. Nematullah ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2023 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 504, 506, 34 of the Indian Penal Code and Sections 3a nd 4 of the Dowry Prohibition Act.

3. Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.47681 of 2023(4) dt.11-09-2023 2/3 the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. He is still ready to keep her with full honour and dignity. He submits that the petitioner has filed Matrimonial Case No. 932/3022, u/s 9 of the Hindu Marriage Act for Restitution of Conjugal Rights, whereas opposite party no. 2 has filed Maintenance Case No. 251(M)/2022.

5. In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five 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 Rajiv Nagar P.S. Case No. 210 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

6. Petitioner is ready to pay Rs.5,000/- (Rupees Five Thousand) per month to opposite party no.2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancelling

Patna High Court CR. MISC. No.47681 of 2023(4) dt.11-09-2023 3/3 the bail bond of the petitioner.

7. 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.

8. Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite party no.2 within a period of two weeks by submitting affidavit of the same before the learned Court Below.

9. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

10. Accordingly, this application stands disposed of.

(Anjani Kumar Sharan, J) anand/- U T