Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61758 of 2024 Arising Out of PS. Case No.-340 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== Sanjay Kumar Son of Dhanik Das R/o Village- Surmar Mayari, P.S.- Sarairanjan, District- Samastipur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Khusboo Kumari Wife of Sanjay Kumar, D/o Bodhan Das R/o VillageSurmar Mayari, P.S.- Sarairanjan, District- Samastipur At present Residing of village- Korbadha Tabhka, P.S.- Bibhutipur, District- Samastipur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahendra Pratap, Advocate For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP For the O.P. No.2 :
Mr. Mritunjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-11-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for complainant / opposite party no. 2.
2. The petitioner who is husband of complainant/opposite party no. 2, apprehends his arrest in a complaint case punishable for the offences under Sections 494, 495, 323, 406, 354, 420 and 120B of the Indian Penal Code.
3. Petitioner is alleged to have committed torture and harassment with opposite party no. 2 for dowry.
4. Learned counsel for the petitioner submits that petitioner denies the allegation made in the complaint petition and submits that he never committed torture to opposite party
Patna High Court CR. MISC. No.61758 of 2024(4) dt.11-11-2025 2/3 no. 2 or demanded any dowry. However, the petitioner undertakes to give Rs. 3,000/-per month by way of temporary relief/solace, starting from this month, to the opposite party no.2.
5. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give temporary relief/solace of Rs. 3,000/- (Rupees three thousand) per month to the opposite party no. 2, in the event of arrest/surrender within a period of eight weeks from today, let the above-named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate First Class, Samastipur in connection with Sarairanjan P.S. Case No. 340 of 2023 arising out of Complaint Case No. 2262 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:- "(1) Opposite party no. 2 would file an affidavit before the court below and bring on record her savings bank account number for its communication to the petitioner.
(2) Petitioner would deposit the aforesaid amount per month in the savings bank account of the opposite party no. 2.
(3) In case, the petitioner fails to deposit the
Patna High Court CR. MISC. No.61758 of 2024(4) dt.11-11-2025 3/3 aforesaid amount for two consecutive months, the court below would be at liberty to cancel the bail-bond.
(4) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings.
The present order, in no way, will preclude the parties to resolve the issue otherwise."
(Prabhat Kumar Singh, J) AjayMishra/- U T