Prakash Ram @ Prakash Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68889 of 2021 Arising Out of PS. Case No.-74 Year-2021 Thana- TISIAUTA District- Vaishali ====================================================== PRAKASH RAM @ PRAKASH KUMAR RAM Son of Ragho Ram Resident of Village - Jahangirpur Salkhanni, P.S.- Mahua, Distt.- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sabal Kumar Jha For the Opposite Party/s :
Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-11-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Tisiotta P.S. Case No. 74 of 2021 instituted for the offence under Sections 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
As per allegation in the FIR, due to non-fulfillment of dowry demand of money, petitioner along with other family members started to torture her mentally and physically. When informant's family went to the petitioner's house to pacify the matter, accused persons started to assault them. It is submitted by learned counsel for the petitioner that petitioner is husband of the informant and he has been
Patna High Court CR. MISC. No.68889 of 2021(5) dt.17-11-2022 2/3 falsely implicated in this case.
Learned counsel for the informant prays for some maintenance for survival of the informant as she is a housewife and she is not able to maintain herself .
In the alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give Rupee three thousand per month from this month, subject to furnishing bank account number by the informant to the petitioner.
In the changed circumstance, learned counsel for the informant admits that he shall provide bank account number of the informant to the petitioner within a period of one week from today. On receipt of the bank account number of the informant, the petitioner shall deposit Rs. 3,000/- (Three Thousand) in every month commencing from November, 2022 as maintenance in the account furnished by the informant. Having heard learned counsel for the parties and considering the submissions made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner, above named, in the event of his arrest or surrender before learned Court below within a period of four weeks from today, shall be released on anticipatory bail on furnishing bail bonds of
Patna High Court CR. MISC. No.68889 of 2021(5) dt.17-11-2022 3/3 Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Tisiotta P.S. Case No. 74 of 2021, 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. 3,000/- (for the month of November, 2022) by the petitioner in the account of the informant.
The aforesaid payment will be subject to any order passed in the maintenance case for final settlement. (Sunil Kumar Panwar, J) sushma/- U