Kamaljeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46089 of 2022 Arising Out of PS. Case No.-282 Year-2019 Thana- SAHAR District- Bhojpur ====================================================== KAMALJEET KUMAR Son of Anil Singh Presently resides at Plot No- 137, Gali No- 3, Surya Vihar Part 3, Sector 91, Dist- Faridabad, Haryana and permanent resident of village- Gona P.S- Rania Talab, Dist- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Smita Kumari Wife of Kamaljeet Kumar, Daughter of Ramyash Rai q Resident of Village- Baruhi, P.S- Sahar, Dist- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amresh Kumar For the Opposite Party/s :

Mr. Suresh Prasad Singh Mr. Uday Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2022 Heard the parties.

Learned counsel for the petitioner prays to make necessary correction in para-1 of the bail application. He is permitted to do so in the course of day. The petitioner apprehends his arrest in a case registered under sections 498 of the Indian Penal Code and 3/4 of D.P. Act. The allegation against the petitioner is of torturing the informant in association of his family members on account of non-fulfillment of demand of dowry and of ousting her out of the matrimonial house.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence.

Patna High Court CR. MISC. No.46089 of 2022(2) dt.01-12-2022 2/3 Petitioner has never made any dowry demand and has been falsely implicated in the present case mostly on suspicion and grudge. There is general and omnibus allegation against the petitioner. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006

(3) PLJR 182.

In 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 Sahar P.S. Case No.282 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Petitioner is ready to pay Rs.3000/- (Rupees Three Thousand) per month to opposite party No.2 in the first week of every month, for her maintenance, as per the bank account details furnished by her in the learned Court below. It is made clear that if the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party

Patna High Court CR. MISC. No.46089 of 2022(2) dt.01-12-2022 3/3 no.2 shall be at liberty to move before the learned Court below for cancellation of the bail bond of the petitioner. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceedings.

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

Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) shikha/- U T