Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58112 of 2022 Arising Out of PS. Case No.-523 Year-2021 Thana- RUPASPUR District- Patna ====================================================== AMIT KUMAR S/o Rajo Paswan R/o village- Ramjaypal Nagar, Near Bachpan School, Gola Road, P.S.- Rupaspur, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Srivastava For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2022 Heard both sides.

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

Petitioner, who is husband of the informant, is said to have ousted her from her matrimonial home in association of his family members over the dowry demand.

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 drove her out of her matrimonial home nor tormented her over the demand of dowry. He is still ready to keep her with full honour and dignity. The petitioner has relied upon the judgment

Patna High Court CR. MISC. No.58112 of 2022(2) dt.22-12-2022 2/3 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.

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 Rupaspur P.S. Case No. 523 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. Petitioner is ready to pay Rs.8000/- (rupees eight 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, the 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. The learned court below is directed to issue notice to

Patna High Court CR. MISC. No.58112 of 2022(2) dt.22-12-2022 3/3 the informant for furnishing her bank account details. If she fails to furnish her bank account details, the aforesaid amount will be deposited in the learned court below which will be released in favour of the informant after the informant 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 Centre for the purpose of reconciliation or for one time settlement.

Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) Sanjay/- U T