Yogendra Prajapat @ Yogendra Prajapati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7128 of 2021 Arising Out of PS. Case No.-125 Year-2019 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== YOGENDRA PRAJAPAT @ YOGENDRA PRAJAPATI S/O BODHO PRAJAPATI R/O VILLAGE- PACHMAHLA, P.S.- JORI, DISTRICT- CHATRA (JHARKHAND) ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

PRATIMA DEVI W/O YOGENDRA PRAJAPAT @ YOGENDRA PRAJAPATI, D/O SULENDRA PRAJAPAT R/O VILL.- DEVANIYAN, P.S.- BARACHATTI, DIST.- GAYA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Singh For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case no. 125 of 2019 instituted for the offence under Sections 498A and 427 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

As per allegation in the FIR, due to non-fulfimment of dowry demand of Rs. One lakh, petitioner along with other family members started to abuse and torture her mentally and physically. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.7128 of 2021(4) dt.30-03-2022 2/3 petitioner is husband of the informant and he is ready to keep the informant as wife with full dignity and honour. The aforesaid offer of the petitioner has not been accepted by the informant who denies to go to her matrimonial house and live with her husband. However, she prays for some maintenance for her survival as she is a housewife and she is not able to maintain herself .

In the alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give six thousand per month from this month, subject to furnishing bank account number by the informant to the petitioner.

In the changed circumstance, learned counsel for the informant admits that he shall provide bank account number of the informant to the petitioner within a period of one week from today. On receipt of the bank account number of the informant, the petitioner shall deposit Rs. 6,000/- (Six Thousand) in first week of every month commencing from April as maintenance in the account furnished by the informant.

Having heard learned counsel for the parties and considering the submissions made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner, above

Patna High Court CR. MISC. No.7128 of 2021(4) dt.30-03-2022 3/3 named, in the event of his arrest or surrender before learned Court below within a period of four weeks from today, shall be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned SDJM, Sherghati, Gaya in connection with Complaint Case No. 125 of 2019, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

The aforesaid payment will be subject to any order passed in the maintenance case for final settlement. (Sunil Kumar Panwar, J) sushma/- U