Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57155 of 2024 Arising Out of PS. Case No.-303 Year-2018 Thana- PIPRAKOTHI District- East Champaran ====================================================== MANISH KUMAR S/O RAMESH RAM R/O VILLAGE- JIWDHARA, P.SPIPRAKOTHI, DISTT.- EAST CHAMPARAN. ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
NISHU KUMARI D/O NAGENDRA RAM R/O VILLAGE- JIWDHARA, P.S- PIPRAKOTHI, DISTT.- EAST CHAMPARAN.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Pramod Kumar Prasad, Advocate For the State :
Mr. Sanjay Kumar Pandey, APP For the O.P. No.2 : Mr. Kundan Rathore @ Kundan Kumar, Advocate Mr. Raj Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 08-05-2025 The petitioner and the opposite party no.2 have appeared along with their respective counsel. After brief interaction, it appears that the matter cannot be finally settled between the parties at this stage. The mediation proceedings also had earlier failed.
2. The petitioner apprehends his arrest for the offence punishable under Sections 341, 323, 307 and 498A/34 of the Indian Penal Code.
3. Petitioner is the husband of opposite party no.2. The allegation is of demand of dowry and torture.
4. It has been submitted by learned counsel for the petitioner that the allegations levelled against the petitioner are
Patna High Court CR. MISC. No.57155 of 2024(5) dt.08-05-2025 2/3 totally false. As a matter of fact, the petitioner was forcefully made to marry with the opposite party no.2 against his wishes.
5. The application has been opposed by learned counsel for the opposite party no.2 on the allegations made in the first information report and controverting the allegation that it was a forceful marriage.
6. At this stage, the petitioner offers to give Rs.3000/- (Rupees Three Thousand) per month to opposite party no.2 in the first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding.
7. In such 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 four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten 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 Piprakothi P.S. Case No.303 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and subject to the further condition that the petitioner shall cooperate in the
Patna High Court CR. MISC. No.57155 of 2024(5) dt.08-05-2025 3/3 investigation/trial.
8. Learned counsel for the opposite party no.2, under instruction, submits that the opposite party no.2 undertakes to provide her bank account details to the petitioner within a period of two weeks from today. If the opposite party no.2 furnishes the bank account in which the amount can be transferred, and yet the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, the opposite party no.2 would be at liberty to file cancellation of bail.
9. Accordingly, this application stands disposed of. (Soni Shrivastava, J) Trivedi/- U T