Rahul Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65621 of 2024 Arising Out of PS. Case No.-1510 Year-2021 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Rahul Kumar Sah son of Kailash Sah Village - Fatehpur Chauk, Sudeman (Mahua),P. S - Goraul, District - Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka Kumari Wife of Rahul Kumar Sah Village- Panapur, Langa, PsSadar, Hajipur, Dist- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hemant Kumar For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner, learned counsel for the complainant and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 498(A) of the Indian Penal Code.

3. Prosecution case in nutshell is that complainant has solemnized marriage to petitioner in the year 2020. Her parents had given gifts and cash as dowry at the time of marriage, according to their capacity. It is further alleged that after two days, in-laws of the complainant started demanding

Patna High Court CR. MISC. No.65621 of 2024(4) dt.19-03-2025 2/3 Rs. 3,00,000/- (three lakh rupees) and a motorcycle as additional dowry. When the complainant expressed her inability to fulfill the demand, she was subjected to torture and assault.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. It is further submitted that petitioner is ready to keep his wife and child with full honour and dignity. A statement has been made in para 3 of the petition that petitioner has clean antecedent.

5. Learned counsel for the complainant and APP appearing on behalf of the State have prayed for some maintenance for survival of the informant as she is a housewife and she is not able to maintain herself.

6. It is further submitted on behalf of the petitioner that he is ready to make payment of Rs. 3,000/- (three thousand rupees) per month to the informant by depositing the same in her bank account commencing from the month of March, 2025, to show his bona fide act.

Patna High Court CR. MISC. No.65621 of 2024(4) dt.19-03-2025 3/3

7. The aforesaid payment will be subject to any order passed in the matrimonial or maintenance proceeding.

8. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Complaint Case No. 1510 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Vaishali at Hajipur, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (S. B. Pd. Singh, J) Nirajkrs/- U T