Patna High CourtCR. MISC./61976/2024bail granted

Mukesh Kumar v. The State Of Bihar

2024-10-17Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61976 of 2024 Arising Out of PS. Case No.-197 Year-2024 Thana- BARUN District- Aurangabad ====================================================== Mukesh Kumar Son of Mahendra Yadav R/o Village- Kansh, P.S.- Barun, District- Aurangabad ... ... Petitioner/s

Versus

The State of Bihar 2.

Yadav Mamta W/o Mukesh Kumar R/o Village- Kansh, P.S.- Barun, District- Aurangabad. At present residing with her parents- D/o Jageshwar Yadav, R/o Village- Bhandari, P.S.- Deo, District- Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukul Kumari For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-10-2024

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 Barun Police Station Case No. 197 of 2024, registered for the offences punishable under Sections 498-A/506/34 of the Indian Penal Code and Sections 3/4 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 09.05.2022. It has further been alleged that after marriage the informant's husband and her in-laws started demanding Rs. 10 Lakh and a

Patna High Court CR. MISC. No.61976 of 2024(2) dt.17-10-2024 2/3 motorcycle as dowry and due to non-fulfillment of the said demand they used to harass the informant mentally and physically and finally ousted her from her matrimonial house.

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. 3,000/- 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. 3,000/- 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.

Patna High Court CR. MISC. No.61976 of 2024(2) dt.17-10-2024 3/3

6. After having heard learned counsel for the parties and 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 Chief Judicial Magistrat, Aurangabad, in connection with Barun Police Station Case No. 197 of 2024 (G.R. No. 1226 of 2024).

9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 3,000/- per month in the bank account of Opposite Party No. 2, staring from 11th November, 2024.

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