Praphul Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58548 of 2024 Arising Out of PS. Case No.-10221 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Praphul Raj Son of Ram Swaroop Paswan R/O Vill.- Bankey Bazar, P.S.- Bankey Bazar, Dist.- Gaya, Pin- 824217 ... ... Petitioner/s
Versus
1.
The State of Bihar Patna 2.
Priyanka Kumari D/O Sri Jai Ram Prasad, W/O Sri Praful Raj Permanent R/O Vill.- Sundar Nagar, Kachhuuyara, P.S.- Barh, Dist.- Patna. At Present, Permanent R/O Vill.- Kumhrarchak, P.S.- Agamkuan, Dist.- Patna, And At Present Residing at Tenant in the House of Sri Prabhu Prasad, S/O Sh. Vashudeo Prasad, R/V Khajepura, P.S.- Shasti Nagar, Dist.- Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhav Kumar For the Opposite Party/s :
Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner, learned counsel for the State.
2. Petitioner apprehends his arrest in connection with Complaint Case No. 10221 of 2022 registered for the offences punishable under Sections 406,420, 498A , 494, 497, 504, 506 of the Indian Penal Code and section 3⁄4 of the D.P.Act.
3. The petitioner is husband of the complainant. The prosecution case is based upon the complaint wherein there is an allegation of demand of dowry and torture.
4. Learned counsel for the petitioner submits that the allegation levelled in the complaint is totally false and the
Patna High Court CR. MISC. No.58548 of 2024(4) dt.30-04-2025 2/3 petitioner has never demanded any dowry and has never treated his wife with cruelty. The petitioner is still ready to revive his matrimonial relation with the complainant and he undertakes to keep her with full honour and dignity. The O.P.No. 2 has been imputing baseless allegation against the petitioner and the petitioner has also returned the jewelry, clothes and other articles. The OP. No. 2 has left the matrimonial house on her own sweet will. The matter was sent to Mediation Centre but the same has failed.
5. The learned APP for the State oppose the prayer for bail.
6. At this stage, the learned cousnel for the petitioner makes an offer to pay a sum of Rs. 4000/- per month to the complainant subject to final outcome of any maintenance or collateral proceeding.
6. Considering all the above mentioned facts and circumstances, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today the petitioners shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned Sub- Divisional Judicial
Patna High Court CR. MISC. No.58548 of 2024(4) dt.30-04-2025 3/3 Magistrate, Patna in Complaint Case No. 10221 C, subject to 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 investigation/ trial.
7. Learned cousnel for the O.P.No. 2 under instruction, submits that she undertakes to provide her bank account details to the petitioner within a period of two weeks from today, If the O.P.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 O.P.No.2, the O.P.No.2 would be at liberty to file cancellation of bail. (Soni Shrivastava, J) N.K/- U T