Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3481 of 2021 Arising Out of PS. Case No.-28 Year-2020 Thana- WARISLIGANJ District- Nawada ====================================================== Rohit Kumar, son of Umesh Singh, resident of Village-Simridih, P. S. - Warsaliganj, District - Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anupam Kumari, daughter of Late Jay Narayan Singh, resident Of Village - Mano, P. S. - Suryagarha, District - Lakhisarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gautam Kumar Kejriwal For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2021 Heard learned counsel for the petitioner, informant and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 284, 498A, 504, 506, 34 of the

2/4 Indian Penal Code.

The petitioner is husband of the informant/O.P. No. 2.

The basic accusation is of torture for nonfulfillment of dowry demand. It is submitted by learned counsel for the petitioner that in pursuance to the order dated 23.11.2021, the petitioner has already paid Rs. 1,10,000/- in the bank account of the informant through online mode and further undertakes to pay the balance amount of Rs. 2,20,000/- in two installments. The first installment of Rs. 1,10,000/- shall be paid by the petitioner in the bank account of the informant in January, 2022 and the second installment of Rs. 1,10,000/- shall be paid by the petitioner in February, 2022.

The petitioner further undertakes to deposit Rs. 15,000/- per month in the bank account of the informant by 1st week of every month from December,

3/4 2021 as an interim maintenance of his wife and children.

The aforesaid assertion of the petitioner has not been controverted by the learned counsel appearing on behalf of the informant. He undertakes to provide the bank details of the informant to the petitioner within a period of one month from today.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawadah in connection with Warsaliganj P.S. Case No. 28 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The aforesaid payment will be subject to any

4/4 order passed in maintenance or matrimonial proceedings.

(Sunil Kumar Panwar, J) Shageer/- U T