Virendra Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52487 of 2024 Arising Out of PS. Case No.-547 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== VIRENDRA KUMAR SINGH SON OF LATE BINAY SINGH RESIDENT OF VILLAGE - GANAULI, POLICE STATION - ARA (M), DISTRICT - BHOJPUR, PRESENT ADDRESS MOHALLA - KRISHNA NAGAR, GIRJA MOR, POLICE STATION - NAWADA, DISTRICT - BHOJPUR ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
KALASH KUMARI DAUGHTER OF SUDARSHAN SINGH RESIDENT OF VILLAGE - BAIJALA, POST OFFICE - MOKAR, POLICE STATION - SASARAM (M), DISTRICT - ROHTAS ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Kant Singh For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2025 Pursuant to order of this Court, the matter was referred to Mediation & Conciliation Centre of Patna High Court, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report kept at flag 'M').
2. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant / opposite party no. 2.
3. The petitioner, who is husband of opposite party no. 2, apprehends his arrest in a case registered for the offence under Section 498-A of the Indian Penal Code and Section 3/4
Patna High Court CR. MISC. No.52487 of 2024(3) dt.22-01-2025 2/3 of the Dowry Prohibition Act.
4. Petitioner is alleged to have committed torture and harassment with opposite party no. 2 for dowry.
5. Learned counsel for the petitioner submits that petitioner denies the allegation made in the F.I.R. and submits that he never committed torture to opposite party no. 2 or demanded any dowry. However, the petitioner undertakes to give Rs. 3,000/-per month by way of temporary relief/solace, starting from this month, to the opposite party no.2.
6. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give temporary relief/solace of Rs. 3,000/- (Rupees three thousand) per month to the opposite party no. 2, in the event of arrest/surrender within a period of eight weeks from today, let the above-named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No. 547 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:- "(1) Opposite party no. 2 would file an affidavit before the court below and bring on record her
Patna High Court CR. MISC. No.52487 of 2024(3) dt.22-01-2025 3/3 savings bank account number for its communication to the petitioner.
(2) Petitioner would deposit the aforesaid amount per month in the savings bank account of the opposite party no. 2.
(3) In case, the petitioner fails to deposit the aforesaid amount for two consecutive months, the court below would be at liberty to cancel the bail-bond.
(4) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise."
(Prabhat Kumar Singh, J) anay U T