Rinku Saw @ Rinku Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55364 of 2023 Arising Out of PS. Case No.-225 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== RINKU SAW @ RINKU KUMAR SON OF MUNNI SAW VILLAGE KARMOUNI, PS- DOBHI, DIST- GAYA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar, Adv.
For the Opposite Party/s :
Mr.Nitya Nand Tiwary, APP.
Mr. Saurav Barial, Adv.
Mr. Kumar Nikhil, Adv.
Mr. Pranav Kumar Sinha, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 506 of the Indian Penal Code.
3. Petitioner, who is husband of informant, is said to have tortured upon her physically and mentally and ousted her from her matrimonial house in association of his family members over the dowry demand.
4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. He has neither made any dowry demand nor tormented her over the demand of dowry. He has been falsely implicated
Patna High Court CR. MISC. No.55364 of 2023(4) dt.27-02-2024 2/3 in the present case due to ulterior motive. There is no allegation against the petitioner to tamper the evidence. He is still ready to keep her with full honour and dignity. 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. Petitioner has no criminal antecedent.
5. In that 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 Sherghati (Dobhi) P.S. Case No. 225 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
6. Petitioner is ready to pay Rs.3,000.00 (Rupees Three Thousand) per month to the informant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.
Patna High Court CR. MISC. No.55364 of 2023(4) dt.27-02-2024 3/3
7. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.
8. Learned counsel for the informant is directed to furnish the bank account details of the informant. 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 after she furnishes her bank account details.
9. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.
10. Accordingly, this application is allowed. (Anjani Kumar Sharan, J) divyanshi/- U T