Patna High CourtCR. MISC./59604/2023bail granted

Sanoj Kumar v. The State Of Bihar

2024-02-27Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59604 of 2023 Arising Out of PS. Case No.-850 Year-2022 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== SANOJ KUMAR S/O KAILASH PASWAN R/O VILLAGE- PUNAKALA, P.S- PARAIYA, DISTT.- GAYA.

... ... Petitioner/s

Versus

The State of Bihar 2.

MUNNA KUMARI W/O SANOJ KUMAR R/O VILLAGE- PUNAKALA, P.S- PARAIYA, DISTT.- GAYA PRESENTLY RESIDING AT FATHER'S RESIDENCE I.E. YADUNANDAN PASWAN, VILLAGE- GOPI BIGHA, P.S- KONCH, DISTT.- GAYA.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aryan Singh For the Opposite Party/s :

Mr. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-02-2024

1. Heard learned Counsel for the petitioner, learned Counsel for the complainant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 760 of 2022, registered for the offences punishable under Section 341, 323, 498-A, 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. The allegation, as per the complaint case, is that the marriage of the Opposite Party No. 2 was solemnized with the petitioner on 16.06.2023 and two children were born from the wedlock. The petitioner and other family members started demanding Rs. 2 lacs, and due to nonfulfillment of the said demand, they tortured the Opposite

Patna High Court CR. MISC. No.59604 of 2023(4) dt.27-02-2024 2/3 Party No. 2 physically as well as mentally. The petitioner, along with his family members ousted the opposite party no. 2 from her matrimonial home.

4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. However, without prejudice to the right and contention of the petitioner, and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 2,000/- per month to the Opposite Party No. 2 as living cost, subject to the final outcome of the present case as well as the matrimonial case, if any, pending and or decided between the parties.

5. Learned Counsel for the complainant-Opposite Party No. 2 accepts the offer so made by learned Counsel for the petitioner and submits that the petitioner may be directed to deposit the said amount of Rs. 2,000/- per month in the bank account of the complainant-Opposite Party No. 2, details of which shall be furnished by learned Counsel for the Opposite Party No. 2 to learned Counsel for the petitioner within ten days from today.

6. After having heard learned Counsel for the parties and

Patna High Court CR. MISC. No.59604 of 2023(4) dt.27-02-2024 3/3 taking into consideration the materials on record and the fact that the offer made by learned Counsel for the petitioner has been accepted by learned Counsel for the Opposite Party No. 2, I am inclined to grant the petitioner privilege of anticipatory bail.

7. This application is, accordingly, allowed.

8. Let the petitioner, above named, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Gaya, in connection with Complaint Case No. 760 of 2022.

9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 2,000/- per month in the bank account of Opposite Party No. 2, staring from 10th March, 2024.

(Anil Kumar Sinha, J) HarshPandey/- U T