Mantu Kumar @ Aman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55861 of 2021 Arising Out of PS. Case No.-14 Year-2021 Thana- MAHILA P.S. District- Banka ====================================================== Mantu Kumar @ Aman Kumar S/o Bishwanath Yadav R/o village- Amba, P.S.- Banka, District- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Opposite Party/s :
Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-02-2022 Heard learned counsel for the petitioner and Smt. Anita Kumari, learned A.P.P. for the State.
The petitioner seeks bail in connection with Banka (Mahila) P.S. Case No. 14 of 2021 instituted for the offences under Sections 498A and 34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner is in custody since 14.06.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that she was married to the petitioner in the year 2017, after the marriage the petitioner and his family members started demanding Rs. 1 lakh, further the informant was tortured on account of non-fulfillment of dowry demand. It
Patna High Court CR. MISC. No.55861 of 2021(2) dt.22-02-2022 2/3 is further alleged that on 27.08.2020, a compromise took place in the police station but again the petitioner assaulted and deprived the informant of her essential requirements. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case and from perusal of the allegation also it would manifest that there is an allegation of assault but the same is general and omnibus in nature. Further, the learned counsel on instruction submits that petitioner is ready to settle the dispute and is willing to pay an amount of Rs. 2,500/- per month to the informant till the matter is not amicably settled either through intervention of wellwishers or in accordance with law. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the fact that the petitioner is in custody since 14.06.2021, is a person with clean antecedent, chargesheet has been submitted in the case and the petitioner has agreed to pay an amount of Rs. 2,500/- per month commencing from March, 2022 till the issue is not amicably resolved, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.55861 of 2021(2) dt.22-02-2022 3/3 learned S.D.J.M., Banka in connection with Banka (Mahila) P.S. Case No. 14 of 2021.
The learned court below will issue notice to the informant and will seek her bank account number and the same will be provided to the petitioner through his lawyer and after the bank account number is made available to the petitioner through the court, the petitioner will start making payment of Rs. 2,500/- per month in between 20-25 of every month commencing from March, 2022 till the matter is amicably settled. Further if the bank account is provided after March, then also the petitioner will pay the agreed amount from March, 2022 the payment may commence subsequently. In the event, if the informant brings to the notice of the learned court below that the petitioner in any of the month prior to amicable settlement has not made payment, the learned court below will be at liberty to cancel his bail bonds.
(Satyavrat Verma, J) Rishi/- U T