Patna High CourtCR. MISC./61860/2023bail granted

Raju Kumar v. The State Of Bihar

2024-02-29Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61860 of 2023 Arising Out of PS. Case No.-1865 Year-2022 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== RAJU KUMAR S/O NAWAL SINGH R/O VILLAGE- GAURA, POBISHUNPUR KALYAN, PS. SAHEBGANJ, DIST. MUZAFFARPUR (BIHAR) ... ... Petitioner/s

Versus

The State of Bihar 2.

CHANDANI KUMARI W/O RAJU KUMAR, D/O RAMCHANDRA SINGH AT PRESENT RESIDING AT VILLAGE AND POSHAHPURPATTI, PS. SAHEBGANJ, DIST. MUZAFFARPUR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the State :

Mr.Vinod Shanker Modi For the O. P. No. 2 :

Mr. Upendra Kumar Choubey ====================================================== 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. 1865 of 2022, in which cognizance has been taken for the offences punishable under Sections 323/341/498-A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. The prosecution case, as per the complaint petition, is that the marriage of the Opposite Party No. 2 was solemnized with the petitioner on 22.05.2021. It is alleged that after sometime, the petitioner and other family members started demanding Rs. 5,00,000/- by way of dowry and

Patna High Court CR. MISC. No.61860 of 2023(3) dt.29-02-2024 2/3 due to non-fulfillment of the said demand, the petitioner and other family members tortured the Opposite Party No. 2 physically as well as mentally and also 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. 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 or disposed 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. 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.

Patna High Court CR. MISC. No.61860 of 2023(3) dt.29-02-2024 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 four 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, West, Muzaffarpur, in connection with Complainant Case No. 1865 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 account of Opposite Party No. 2 positively, starting from 10th March, 2024.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √