Divyanshu Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54040 of 2022 Arising Out of PS. Case No.-297 Year-2021 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== DIVYANSHU RANJAN Son of Pradeep Kumar Gupta Resident of Village - Bagmusa, P.S.- Hajipur Town in the Dstt.- of Vaishali. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Saloni Kumari D/o Premchand Sah Resident of Village - Besaho, P.S.- Jandaha in the Distt.- of Vaishali.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar, APP For the Complainant :
Mrs. Pinky Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-01-2023 Heard Mr. Ranjeet Kumar, learned counsel for the petitioner and Mrs. Pinky Kumari, learned counsel for the complainant as also learned counsel for the State. The petitioner apprehends his arrest in connection with Complaint Case No. 297 of 2021 for the offence registered under Section 498(A) of the Indian Penal Code. As per the prosecution story, the petitioner married the lady in 2019 but was regularly tortured for dowry and in between, shewas also blessed with a female child. On 30.06.2022, allegation is that when the accused persons tried to put her on fire, she had no alternative but to leave the place. Accordingly, the FIR has been lodged.
Patna High Court CR. MISC. No.54040 of 2022(2) dt.23-01-2023 2/3 Learned counsel for the petitioner submits that he is ready to keep her and in alternative wants to maintain her as also their daughter by paying Rs. 10,000/- to be transferred in her bank account by 10th of every month beginning February, 2023. It is his further submission that he will try his best to bring both his wife and daughter home to give a new chance to their marital life Learned counsel for the complainant do not have any objection to the fact that for the present, he is ready to maintain her. The complainant counsel further submitted that she will be providing the bank account details of the lady to the learned counsel for the petitioner.
Taking into account the aforesaid submission put forward by rival parties, the FIR has been lodged and ultimately, he has to face the trial and further will be cooperating in the investigation, this Court is inclined to grant him anticipatory bail, subject to payment of Rs. 10,000/- per month by the 10th of every month.
However, if the petitioner fails to make payment and/or default in paying the lady the amount he has committed, she will be free to take recourse to legal remedy for cancellation of his bail.
Patna High Court CR. MISC. No.54040 of 2022(2) dt.23-01-2023 3/3 In the aforesaid circumstances, the petitioner, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No. 297 of 2021, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Jagdish/- U T