Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58672 of 2024 Arising Out of PS. Case No.-660 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Bablu Kumar Son of Vidya Prasad R/O Vill.- Lamuwabad, P.S.- Pandarak, Dist.- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sonam Kumari D/O Chhote Prasad, W/O Bablu Kumar R/O Vill.- Lemuwabad, P.S.- Pandarak, Dist.- Patna.

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

For the Petitioner/s :

Mr.Bhim Sen Prasad, Advocate For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-09-2024 1.

Heard learned Counsel for the petitioner, learned Counsel for the complainant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in connection with Complaint Case No. 660(C) of 2022, registered for the offences punishable under Sections 323, 341, 498-A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3.

The allegation, as per the complaint petition, is that the marriage of the Opposite Party No. 2 was solemnized with the petitioner on 05.05.2019 and at the time of marriage, father of complainant had given cash and kinds as dowry. Out of the

Patna High Court CR. MISC. No.58672 of 2024(2) dt.11-09-2024 2/3 wedlock, she gave birth to a male child. After sometime, the petitioner and other family members started demanding Rs. 10 lacs by way of dowry and due to non-fulfilment of the same, the complainant was subjected to cruelty, both physically and mentally.

4.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. However, without prejudice to the right and contention of the petitioner, and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 3,000/- per month to the Opposite Party No. 2 as living cost, subject to the final outcome of the present case and/ or the matrimonial case, if any, pending and/ or decided between the parties.

5.

Learned Counsel for the complainant-Opposite Party No. 2 accepts the offer so made by learned Counsel for the petitioner and submits that the petitioner may be directed to deposit the said amount of Rs. 3,000/- per month in the bank account of the complainant-Opposite Party No. 2, details of which shall be furnished by learned Counsel for the Opposite Party No. 2 to learned Counsel for the petitioner, within ten days from today.

Patna High Court CR. MISC. No.58672 of 2024(2) dt.11-09-2024 3/3 6.

Regard being had to the submissions advanced on behalf of the parties and taking into consideration the materials on record and the fact that the offer made by learned Counsel for the petitioner has been accepted by learned Counsel for the Opposite Party No. 2, I am inclined to grant the petitioner, privilege of anticipatory bail.

7.

This application is, accordingly, allowed.

8.

Let the petitioner, above named, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st class, Barh (Patna) in connection with Complaint Case No. 660(C) of 2024.

9.

This is subject to the condition that the petitioner shall deposit a sum of Rs. 3,000/- per month in the bank account of Opposite Party No. 2 positively, starting from 07th October, 2024.

(Anil Kumar Sinha, J) rinkee/- U T