Manoj Das @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50896 of 2023 Arising Out of PS. Case No.-166 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== MANOJ DAS @ MANOJ KUMAR SON OF LATE RUPAN HARIJAN RESIDENT OF VILLAGE- RAIPUR, PS- SABOUR, DIST- BHAGALPUR ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SONY KUMARI NA RESIDENT OF MOHALLA- AMBEDKAR NAGAR, NEAR PETROL PUMP, PS- MAHAGAMA, DIST- GODDA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ankit Raj For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-08-2023 Heard the parties.

2. The petitioner apprehends his arrest in a case registered under sections 341, 323, 498(A) and 494/34 of the Indian Penal Code and 3/4 of Prevention of Witch (Daain) Practices Act.

3. 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.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. Petitioner has never made any dowry demand and

Patna High Court CR. MISC. No.50896 of 2023(2) dt.11-08-2023 2/3 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.

5. Petitioner is ready to pay Rs.3,000/- (Rupees Three Thousand) per month to opposite party No.2 in the first week of every month as per the bank account details furnished by her in the learned Court below.

6. 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 connection with Sabour P.S. Case No. 166 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. It is made clear that 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

Patna High Court CR. MISC. No.50896 of 2023(2) dt.11-08-2023 3/3 for cancellation of the bail bond of the petitioner.

8. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceedings.

9. Learned court below is directed to issue notice to informant/complainant for furnishing her bank account details. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the informant/complainant after she furnishes her bank account details.

10. 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.

11. Accordingly, this application stands disposed of.

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