Ritu Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7962 of 2021 Arising Out of PS. Case No.-260 Year-2019 Thana- KASIMBAZAR District- Munger ====================================================== Ritu Raj Son Of Ajay Kumar Resident of Village - Gaurakshani, Gajradh, Gali, No.1, ward No.4, P.s.-Sasaram, Distt.- Rohtas at Sasaram ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Komal W/o Rituraj, D/o Vikash Chandra Prasad Resident of Village - Gaurakshani, Gajradh, Gali No.1, Ward No.4, P.S.- Sasaram, Dist.- Rohtas at Sasaram. At present resident of Mohalla - Shastri nagar, Sandalpur Road, P.S.- Kasim Bazar, Dist.- Munger.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2022 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is apprehending his arrest in a case registered in connection with Kasim Bazar P.S.Case No. 260 of 2019 for the offences punishable under Sections 498A/34 of the Indian Penal Code and section 3⁄4 of the Dowry Prohibition Act.

It is a case of cruelty and torture due to non fulfillment of dowry demand.

Learned counsel for the petitioner submits that the complainant is not ready to live with the petitioner and

Patna High Court CR. MISC. No.7962 of 2021(5) dt.28-02-2022 2/3 she wanted to live separately. He further submits that the petitioner had filed Matrimonial case no. 303 of 2019 before the learned Principal Judge, Family court, Rohtas under section 9 of the Hindu Marriage Act 1955 for Restitution of Conjugal Right.

In the alternative, the petitioner is ready to pay Rs, 50,000/ to the complainant as interim maintenance. The petitioner is also ready to make payment of Rs. 25,000/- by the month of March 2022 and second instalment of Rs. 25,000/- by the month of April 2022.

Considering the facts and circumstance of the case as well as submission of the parties, let the petitioner in the event of his arrest or surrender before the Court Below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kasim Bazar P.S Case No. 260 of 2020 subject to the conditions as laid down under Section 438(2) of the Cr.P.C The bail bonds of the petitioner shall be accepted

Patna High Court CR. MISC. No.7962 of 2021(5) dt.28-02-2022 3/3 by the learned court below on showing receipt of deposit of Rs. 25,000/- by the petitioner in the account of the complainant.

The aforesaid payments will be subject to any order passed in matrimonial or maintenance proceedings. (Sunil Kumar Panwar, J) N.K/- U T