Santosh Kumar @ Santosh Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49693 of 2024 Arising Out of PS. Case No.-1535 Year-2023 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Santosh Kumar @ Santosh Kumar Ray Son Of Ram Lakhan Ray R/OVillage- Bhikhabgha, P.S.- Ujiarpur, Distt.- Samstipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pratibha Kumari Wife Of Santosh Kumar @ Santosh Kumar Ray, D/OKailash Ray R/O- Village- Bhikhabgha, P.S.- Ujiarpur, Distt.- Samstipur, Presently Resident Of Village- Baghi, P.S.- Karpurigram, Distt.- Samatipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Sinha For the Opposite Party/s :

Mr. Rajendra Prasad Nat Mr. Surya Narayan Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-11-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 379, 342, 498A of the Indian Penal Code and Section 3⁄4 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. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has

Patna High Court CR. MISC. No.49693 of 2024(3) dt.13-11-2024 2/3 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. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

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 C.R. No. 1535 of 2023 (T.R. No.2672 of 2024), subject to the condition as laid down under Section 438 (2) of the Cr.P.C..

6. Petitioner is ready to pay Rs.4,000/- (Rupees Four 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 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.

Patna High Court CR. MISC. No.49693 of 2024(3) dt.13-11-2024 3/3

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