Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52459 of 2023 Arising Out of PS. Case No.-2252 Year-2020 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== MANISH KUMAR S/O LATE RAM CHARITRA JAISWAL R/O GULISHTAN APARTMENT, 341, BACK TO HIRA PALACE, P.SKOTWALI, DISTT.- PATNA. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SANYUKTA W/O MANISH KUMAR, D/O JAGAT NARAYAN CHAUDHARY R/O 341, GULISHTAN APARTMENT, BACK TO HIRA PALACE, P.S- KOTWALI, DISTT.- PATNA. AT PRESENT RESIDING WITH FATHER- JAGAT NARAYAN CHAUDHARY, R/O VILLAGEMASJID CHOWK, P.S- HAJIPUR, DISTT.- VAISHALI. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Adv For the Opposite Party/s :

Ms. Sangeeta Sharma, APP For the Complainant :

Mr. Ratna Deep Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-08-2023 Heard Mr. Sanjay Kumar, learned counsel for the petitioner, Ms. Sangeeta Sharma, learned Additional Public Prosecutor for the State and Mr. Ratna Deep Prasad, learned counsel for the complainant.

2. Petitioner apprehends his arrest in connection with Complaint Case No. 2252/2020 registered for the offence punishable under Sections 498(A) of the IPC.

3. As per prosecution case, the complainant got married to the petitioner on 25th of January 2019 and after two years of marriage, the petitioner along with her in-laws started demanding dowry and thereafter the complainant was subjected

Patna High Court CR. MISC. No.52459 of 2023(2) dt.19-08-2023 2/3 to torture due to non fulfillment of demand of dowry and ultimately she was made to leave her matrimonial home.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case in order to harass him and the allegation levelled against him is general and omnibus in nature. The present complaint case filed against the petitioner is the result of a matrimonial case filed by him vide Matrimonial (Divorce) Case No. 426/2020. Learned counsel, however, submits that without prejudice to his right and contention, the petitioner is ready to pay a sum of Rs. 5,000/- to the complainant as living cost.

5. Learned counsel for the complainant/OP No.2 accepts the offer so made by learned counsel for the petitioner and submits that the petitioner may be directed to deposit the said amount of Rs. 5000/- per month in the bank account of the complainant/OP No.2 details of which shall be furnished by learned counsel for the complainant/OP No.2 to the learned counsel for the petitioner within ten days from today.

6. After having heard learned counsel for the parties and taking into consideration the material on record and the fact that the offer made by learned counsel for the petitioner has been accepted by learned counsel for the complainant/OP No.2,

Patna High Court CR. MISC. No.52459 of 2023(2) dt.19-08-2023 3/3 I am inclined to grant anticipatory bail to the petitioner.

7. Accordingly, let the petitioner, named above, in the event of arrest or surrender within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class, Vaishali/successor court in connection with Complaint Case No. 2252/2020, subject to the condition as laid down under Section 438(2) CrPC as well as the following condition:-

1. That the petitioner shall deposit a sum of Rs. 5000/- per month in the bank account of Complainant/OP No.2 positively by 7th day of every month starting from the month of September, 2023.

(Anil Kumar Sinha, J) perwez U T