Saroj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51742 of 2024 Arising Out of PS. Case No.-903 Year-2022 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Saroj Kumar Son of Hari Nandan Ram @ Harinandan Ram Resident of VillJogeya Kharaicha, P.O- Purhara, P.S.- Chouri, District- Bhojpur. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rekha Kumari Wife of Saroj Kumar Resident of Vill- Jogeya Kharaicha, P.O- Purhara, P.S.- Chouri, District- Bhojpur at present R/O VillKapurdihara, P.O.- Dev, P.S.- Tarari, District- Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Pradhan For the Opposite Party/s :
Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-05-2025
1. Heard learned Counsel for the petitioner, learned Counsel for the informant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Complaint Case No. 903 (C) of 2022, registered for the offences punishable under Sections 498(A), 406, 504, 506, 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
3. As per the prosecution case, the complainant was married on 25.06.2020 with the petitioner, and her father gave cash, gold-silver ornaments, household items, and a motorcycle as gift. After marriage, she was allegedly
2/4 harassed by her husband/petitioner and his family members for additional dowry, including a Bullet motorcycle and a gold chain. She faced physical and mental torture, was denied food, and was threatened with divorce. It is also alleged that her sister-in-law and her husband had an illicit relationship and once attempted to poison her. After becoming pregnant in March 2022, she was beaten and thrown out of her matrimonial home, and since then, she has been living with her parents.
4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. However, without being prejudice to the right and contention of the petitioner, and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 4,000/- per month to the Opposite Party No. 2 and children as living cost, subject to the final outcome of the present case as well as the matrimonial case, if any, pending between the parties.
5. Learned Counsel for the informant-Opposite Party No. 2 accepts the offer so made by learned Counsel for the petitioner and submits that the petitioner may be directed
3/4 to deposit the said amount of Rs. 4,000/- per month in the bank account of the informant-Opposite Party No. 2, details of which shall be furnished by learned Counsel for the Opposite Party No. 2, appearing before the learned District Court, to learned Counsel for the petitioner, appearing before the learned District Court, within a period of fifteen days.
6. After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the offer made by learned Counsel for the petitioner has been accepted by learned Counsel for the Opposite Party No. 2, I am inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bhojpur at Ara, in connection with Complaint Case No. 903 (C) of
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9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 4,000/- per month in the bank account of Opposite Party No. 2, starting from 10th June, 2025.
(Anil Kumar Sinha, J) HarshPandey/- U T