Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55054 of 2022 Arising Out of PS. Case No.-12 Year-2022 Thana- MAHILA THANA District- Begusarai ====================================================== PANKAJ KUMAR SON OF NARENDRA KUMAR CHAUDHARY R/O VILLAGE- RAJAPUR, DUMARI, WARD NO. 07, P.O.- ULAO, P.S.- MUFFASIL, DISTT.- BEGUSARAI ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

NEETA KUMARI WIFE OF PANKAJ KUMAR R/O VILLAGERAJAPUR, P.S.- MUFFASIL (SYBALL O.P.), DISTT.- BEGUSARAI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeet Kumar, Adv.

For the Opposite Party/s :

Mrs.Rita Verma, APP.

Mr. Pushpendra Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-05-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498 A, 341, 323, 504, 506/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Petitioner, who is husband of informant, is said to have tortured the informant physically and mentally in association of his family members over the dowry demand. They also ousted her from her matrimonial house.

It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor

Patna High Court CR. MISC. No.55054 of 2022(3) dt.15-05-2023 2/3 drove her out of her matrimonial home nor tormented her over the demand of dowry.

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 Mahila P.S. Case No. 12 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., Petitioner is ready to pay Rs. 6,000.00 (Rupees Six 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.

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.

Learned counsel for the informant is directed to furnish the bank account details of the informant. If he fails to furnish

Patna High Court CR. MISC. No.55054 of 2022(3) dt.15-05-2023 3/3 the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the informant after he furnishes her bank account details.

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.

With the aforesaid observation and direction, this application stands disposed of.

(Anjani Kumar Sharan, J) divyanshi/- U T