Rajendra Kumar Maraiya @ Rajendra Kumar @ Rajendra Maraiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48609 of 2024 Arising Out of PS. Case No.-308 Year-2021 Thana- FALKA District- Katihar ====================================================== Rajendra Kumar Maraiya @ Rajendra Kumar @ Rajendra Maraiya Son Of Durga Mraiya Village- Barkibari, Ps- Falka, Dist- Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Soni Devi wife of Rajendra Kumar Maraiya Resident of Village Barkibari P.S. Falka, Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 03-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Falka Case No. 308 of 2021 for the offence under Sections 341, 323, 498A, 494 and 34 of the I.P.C.

3. It is a case of matrimonial dispute between both the parties. In which there is allegation on the petitioner of abusing and assaulting the complainant for demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he along with his family members has been falsely implicated in the instant case at the instance of the informant due to personal grudge. According to F.I.R., it is alleged by the informant that in the year 2018 her marriage was

Patna High Court CR. MISC. No.48609 of 2024(6) dt.03-04-2025 2/3 solemnised with the petitioner and from their wedlock, one male child born. Thereafter the petitioner started demanding dowry of Rs. 50,000/- on protest, they assaulted the informant.

5. During the course of argument, learned counsel for the petitioner submits that petitioner is ready to keep his wife along with minor child with him with full honour and dignity but Opposite Party No. 2 is not willing to live with him. Learned counsel further submits that petitioner is ready to pay Rs. 3,000/- (Three Thousand) per month for the maintenance of her wife and child and he is also ready to file an affidavit regarding the payment of aforesaid amount in the Trial Court/Court below to show his bona fide conduct.

6. Keeping in view the aforesaid facts, and considering the submissions made by learned counsel for the petitioner, this Court is inclined to enlarge the petitioner on privilege of anticipatory bail.

7. The above amount of maintenance will be adjusted in any future order regarding maintenance passed by any competent Court. Petitioner will pay the aforesaid maintenance amount in advance for two months in the bank account of the O.P. No. 2 at the time of furnishing the bail bond and the details of bank account will be furnished by the informant as soon as

Patna High Court CR. MISC. No.48609 of 2024(6) dt.03-04-2025 3/3 possible.

8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt 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 Additional Chief Judicial Magistrate,-III, Katihar, in connection with Falka Case No. 308 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

9. Accordingly, the instant application stands disposed of.

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