Sonu Sheikh @ Sonu Sekh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62556 of 2023 Arising Out of PS. Case No.-662 Year-2022 Thana- COMPLAINT CASE District- Jamui ====================================================== SONU SHEIKH @ SONU SEKH SON OF DUKHI SHEIKH RESIDENT OF VILLAGE- NIJABAGAR, POST- BASDIHA, PS- MOHANPUR, DISTRICT- DEOGHAR ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

RESHMA KHATOON WIFE OF SONU SHEIKH RESIDENT OF VILLAGE- NIJABAGAR, POST- BASDIHA, PS- MOHANPUR, DISTRICT- DEOGHAR, JHARKHAND AT PRESENT RESIDING AT VILLAGE- VILO, PS- JHAJHA, DIST- JAMUI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prakash Mahto, Advocate For the Opposite Party/s :

Ms.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-02-2024 1.

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

2.

The petitioner apprehends his arrest in connection with Complaint Case No. 662C of 2022, in which cognizance has been taken under Section 498-A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. 3.

The allegation, as per the First Information Report, is that the marriage of the Opposite Party No. 2 was solemnized with the petitioner on 22/23.10.2021 and after sometime, the petitioner and other family members started demanding

Patna High Court CR. MISC. No.62556 of 2023(4) dt.29-02-2024 2/3 Rs. 1 lac and Apachi motorcycle by way of dowry and on non-fulfilment of the said demand, they started assaulting the complainant. It is further alleged that on 30.05.2022, complainant was ousted 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. 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 informant-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 informant-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.

Regard being had to the submissions made on

Patna High Court CR. MISC. No.62556 of 2023(4) dt.29-02-2024 3/3 behalf of 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 S.D.J.M., Jamui, in connection with Complaint Case No. 662C of 2022. 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 positively, starting from 11th March, 2024.

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