Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52684 of 2019 Arising Out of PS. Case No.-214 Year-2018 Thana- SHEKHPURA COMPLAINT CASE District- Sheikhpura ====================================================== PANKAJ KUMAR Son of Ram Das @ Ram Das Prasad Resident of - Krishna Bihar Colony Beur, P.S.- Beur, District- Patna ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Mamta Kumari Wife of Pankaj Kumar, D/O - Subslal Barai Resident of - Krishna Bihar Colony Beur, P.S.- Beur, District- Patna at present Village - Pachana, P.S. and District- Sheikhpura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sayed Imran Ghani For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned Counsels for the petitioner, complainant and the State.

The petitioner, being the husband of the complainant, is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the I.P.C and Sections 3⁄4 of the Dowry Prohibition Act.

The prosecution case is that the complainant, Mamta Kumari was married with the petitioner, Pankaj Kumar on 09.12.2016 and 28.08.2017, they were blessed with a male child, but thereafter, further dowry demand of Rupees Four Lacs was made and due to non-fulfillment of the same, torture was

Patna High Court CR. MISC. No.52684 of 2019(3) dt.16-11-2019 2/3 inflicted upon the complainant and ultimately, the complainant was driven out from the matrimonial house.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant, but immediately after the marriage, when the petitioner came to know that the complainant is carrying pregnancy from before the marriage, he filed Matrimonial Case No.799 (M) of 2017 before the Principal Judge, Family Court, Patna for declaring the marriage null and void, and thereafter, the present complaint has been filed by the complainant as a retaliatory measure. However, in alternative, the petitioner is ready to make payment of Rs.3,000/- per month to the complainant from December, 2019 by depositing the same in the bank account of the informant by second week of every succeeding month.

It is submitted by learned counsel for the complainant that only on the basis of suspicion, the accusation of carrying the pregnancy from before the marriage has been levelled. In fact, for non-fulfillment of further dowry demand, the complainant has been tortured and driven out from the matrimonial house.

Patna High Court CR. MISC. No.52684 of 2019(3) dt.16-11-2019 3/3 within a period of two weeks.

Considering the present stand of the parties and in view of the fact that the dispute between the parties is not likely to be resolved in near future, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Sheikhpura, in connection with Complaint Case No. 214 © of 2018 , subject to the conditions as laid down under Section 438(2) Cr.P.C. The aforesaid payment will be subject to any order being passed in matrimonial or maintenance proceeding. Three consecutive defaults in making payment by the petitioner will give liberty to the complainant to file an application for cancellation of bail of the petitioner. The present order will not preclude the parties to reconcile the issues otherwise.

(Dinesh Kumar Singh, J) Ashwini/- U T