← Library
Patna High CourtCR. MISC./68671/2021disposed

Sunil Razak v. The State Of Bihar

2022-09-27Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68671 of 2021 Arising Out of PS. Case No.-63 Year-2020 Thana- MAHILA P.S District- Supaul ====================================================== Sunil Razak Son Of Rajo Razak @ Rajendra Razak Resident Of Ward No. 06, Bhagwanpur, Gonha, Police Station - Triveniganj, District - Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rani Kumari Wife of Sunil Razak , Daughter of Panchanand Razak Resident of Balwa Punarwas, Ward No. 01, Nagar Parished, P.S. and District - Supaul. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-09-2022 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 498(A), 325, 308/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The accusations are of torture, making assault for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner tried his best to resume the conjugal life with the informant but she did not agree to live with the petitioner. The petitioner is still ready to

Patna High Court CR. MISC. No.68671 of 2021(5) dt.27-09-2022 2/3 resume the conjugal life with the informant.

Learned counsel appearing on behalf of the informant has submitted that torture has been inflicted upon the informant for non-fulfillment of dowry demand. The petitioner has performed second marriage. Hence, the informant is not in a position to resume the conjugal life with the petitioner.

In the alternative, the petitioner is ready to make payment of Rs. 4,000/- as interim maintenance to the informant before filing of the bail bonds. The petitioner also undertakes to make payment of Rs. 4,000/- per month to the informant by depositing the same in her bank account commencing from the month of September, 2022.

The learned counsel appearing on behalf of the informant has accepted the offer of the petitioner and undertakes to provide bank account details of the informant to the petitioner as early as possible. Considering the aforestated facts, let the

Patna High Court CR. MISC. No.68671 of 2021(5) dt.27-09-2022 3/3 petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Supaul in connection with Mahila (Supaul) P.S. Case No. 63 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 4,000/- by the petitioner in the account of the informant.

The aforesaid payments will be subject to any order passed in matrimonial or maintenance proceedings.

(Sunil Kumar Panwar, J) Shageer/- U T