Ramashish Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58326 of 2023 Arising Out of PS. Case No.-212 Year-2022 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== RAMASHISH RAM Son of Sri Laxman Ram @ Laxman Ram RESIDENTS OF VILLAGE HORILBIGHA POLICE STATION HILSA DISTRICT NALANDA ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Rupa Kumari Wife of Ramashish Ram Resident of village- Horilbigha, P.S. - Hilsa, Distt. - Nalanda, D/o Harakhdeo Ram, Resident of village Murgiyachak, P.S. - Islampur, Distt. - Nalanda ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Singh For the State :
Mr.Anand Kishore Choudhary For the O. P. No. 2 :
Mr. Shyamal Prakash ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-02-2024
1. Heard learned Counsel for the petitioner, learned Counsel for the informant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Complaint Case No. 212 C of 2022, in which cognizance has been taken for the offences punishable under Sections 323/341/504/506/494/498-A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
3. The prosecution case, as per the complaint petition, is that the marriage of the Opposite Party No. 2 was solemnized
2/4 with the petitioner in the year 2015 and from the wedlock two children were born. It is alleged that after sometime, the petitioner and other family members started demanding Rs. 1,00,000/- by way of dowry and due to non-fulfillment of the said demand, the petitioner and other family members tortured the Opposite Party No. 2 physically as well as mentally and also ousted the Opposite Party No. 2 from her matrimonial home.
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. 5,000/- per month to the Opposite Party No. 2 as living cost, subject to the final outcome of the present case as well as the matrimonial case, if any, pending or disposed 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. 5,000/- per month in the
3/4 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.
6. After having heard learned Counsel for 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 four 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 Sub Divisional Judicial Magistrate, Hilsa, Nalanda, in connection with Complainant Case No. 212 C of 2022.
9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 5,000/- per month in the bank account of Opposite Party No. 2 positively, starting from
4/4 10th March, 2024.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √