Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57589 of 2023 Arising Out of PS. Case No.-775 Year-2022 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== SANTOSH KUMAR SON OF MUNNA SINGH RESIDENT OF VILLAGE/MOHALLA- DIRI, PS- AKBARPUR, DIST- NAWADA ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

CHHOTI KUMARI WIFE OF SANTOSH KUMAR RESIDENT OF VILLAGE- DIRI, PS- AKBARPUR, DIST- NAWADA, AT PRESENT D/O SATENDRA RAM, RESIDENT OF VILLAGE- PANDEY GANGAUT, PSRUPAUL, KAUWALKIL, DIST- NAWADA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Deo Raj, Adv.

For the Opposite Party/s :

Mr.Akbar Ali, APP Mr.Birendra Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner, learned counsel for the O.P. No.2 and learned APP for the State. 2.

The petitioner apprehends his arrest in a case registered for the offences punishable u/s 341, 323, 379, 308, 498A of the IPC and Section 3⁄4 of the Dowry Prohibition Act but cognizance has been taken only u/s 498A of IPC and 4 of D.P. Act. 3.

Petitioner, who is husband of complainant, is said to have tortured the complainant and ousted her from the matrimonial home in association of his family members over dowry demand. 4.

It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no

Patna High Court CR. MISC. No.57589 of 2023(2) dt.12-10-2023 2/3 offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. The petitioner has relied upon the judgment 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.

5.

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 Complaint Case No.775 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

6.

Petitioner is ready to pay Rs.5000.00 (Rupees Five Thousand) per month to the complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

7.

It goes without saying that the aforesaid payment shall be

Patna High Court CR. MISC. No.57589 of 2023(2) dt.12-10-2023 3/3 subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

8.

Learned counsel for the O.P. No.2 is directed to furnish the bank account details of the complainant before the learned Court below. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the complainant after she furnishes her bank account details.

9.

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 Center for the purpose of reconciliation or one time settlement.

10.

With the aforesaid observation and direction, this application stands disposed of.

(Anjani Kumar Sharan, J) pallavi/- U T