Sarwgya Kumar @ Sarvagy Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63273 of 2024 Arising Out of PS. Case No.-192 Year-2022 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Sarwgya Kumar @ Sarvagy Kumar Son of Mithlesh Singh @ Mithlesh Kumar Resident of Village - Tetuldanga Shwaspur Rakha Jadugoda, P.S.- Jadugoda, District - East Singhbhum (Jharkhand) ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Priyanka Kumari Daughter of Birendra Kumar Singh W/o Sarwgya Kumar @ Sarvagy Kumar, Resident of Village - Daniyawan, P.S.- Telhara, District - Nalanda ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mayank Mani For the Opposite Party/s :
Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-05-2025
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. 192 ( C ) of 2022, registered for the offences punishable under Sections 498(A), 323, 504 of the Indian Penal Code and Sections 4 of the Dowry Prohibition Act.
3. The prosecution case as per the complaint lodged by the
2/4 informant/ Opposite Party no. 2 namely Priyanka Kumari is that, marriage of the informant was solemnized with the petitioner on 30.04.2015 as per Hindu rites and customs. At the time of marriage the informant's parents had given 5 lakhs cash, electronic equipment worth Rs. 2 lakhs and gold ornaments. Thereafter, She went to her matrimonial home and after some time, Petitioner along with other family members started harassing her. It is further alleged that the informant was asked to bring Rs 3 lakh and 1 Bajaj Motorcycle.
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. 5,000/- 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
3/4 petitioner and submits that the petitioner may be directed to deposit the said amount of Rs. 5,000/- 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 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 Sub Divisional Judicial Magistrate, Hilsa, in connection with Complaint Case No. 192 ( C ) of 2022
9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 5,000/- per month in the bank
4/4 account of Opposite Party No. 2, staring from 10th June, 2025.
(Anil Kumar Sinha, J) HarshPandey/- U T