Lalu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54028 of 2023 Arising Out of PS. Case No.-1490 Year-2019 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== LALU KUMAR SON OF TRIBHUWAN RAI RESIDENT OF VILLAGEAGARPUR, PS- LALGANJ, DISTT- VAISHALI ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

CHAMKILA KUMARI WIFE OF LALU KUMAR RESIDENT OF VILLAGE- GOPINATH PUR, DOKRA, PS- SARIYA, DISTTMUZAFFARPUR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar, Adv.

For the Opposite Party/s :

Ms.Renu Kumari, APP.

Mr. Sanjay Kumar @ S.K., Adv.

Ms. Anjana, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-11-2023 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498 (A) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. Petitioner, who is husband of complainant, is said to have tortured upon her physically and mentally and ousted her from the matrimonial home in association of his family members over the dowry demand. Petitioner has also solemnized his second marriage with one Neetu Kumari without dissolution of his marriage with the complainant.

Patna High Court CR. MISC. No.54028 of 2023(4) dt.09-11-2023 2/3

4. It is submitted by learned counsel for the petitioner that 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 did not solemnize his second marriage. Prior to the present case, another case i.e. Lalganj P.S. Case No. 281 of 2016 has also been lodged by the complainant against the petitioner. Petitioner has one criminal antecedent.

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 Complaint Case No. 1490 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

6. Petitioner is ready to pay Rs.3,000.00 (Rupees Three Thousand) per month to the complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, complainant shall be at liberty to

Patna High Court CR. MISC. No.54028 of 2023(4) dt.09-11-2023 3/3 move before the learned Court below for cancelling 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 complainant is directed to furnish the complainant's bank account details. If he fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the complainant after she furnishes her bank account details.

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. With the aforesaid observation and direction, this application stands disposed of.

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