Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58653 of 2024 Arising Out of PS. Case No.-131 Year-2024 Thana- ATHMALGOLA District- Patna ====================================================== Deepak kumar S/O Shivnath Ray @ Shivbu Ray R/O Village- Naya Tola, Sabnima, P.S- Athmalgola, District-Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kiran Devi W/O Deepak Kumar Resident of Village-Naya Tola, Sabnima, P.S- Athmalgola, Dist.- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suraj Kumar, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Athamalgola P.S. Case No. 131 of 2024, instituted for the offence punishable under Sections 341, 323, 498A of the Indian Penal Code, Section 3⁄4 of the D.P. Act.

3. The petitioner is the husband of opposite party no. 2.

4. The allegation against the petitioner and their family members is that they used to torture the informant on account of non-fulfillment of dowry demand.

5. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.58653 of 2024(3) dt.20-11-2024 2/3 petitioner is innocent and he has been falsely implicated in this case. It is submitted that petitioner is ready to keep his wife with full dignity and honour. Lastly, it has been submitted that he has no criminal antecedent.

6. Learned A.P.P. has opposed the prayer for bail of the petitioner.

7. Learned counsel for the informant also submits that the opposite party no. 2 is also ready to live with the petitioner provided she is kept with full dignity and honour.

8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Athamalgola P.S. Case No. 131 of 2024, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Barh, Patna subject to condition as laid down under Section 438(2) of the Cr.P.C.. At the time of furnishing bail bond on 09.12.2024, the informant is also directed to be present in court below. Further, the petitioner is directed to take his wife with him on the same date i.e. 09.12.2024 from the court itself, failing which the bail bond furnished by him shall be cancelled.

Patna High Court CR. MISC. No.58653 of 2024(3) dt.20-11-2024 3/3

9. The court below is directed to monitor the relationship of the petitioner with his wife by calling them physically in court every month for the next six months.

10. It is expected that the informant will also cooperate with the petitioner while living in the matrimonial home peacefully.

(Khatim Reza, J) prabhat/- U T