Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63601 of 2024 Arising Out of PS. Case No.-1061 Year-2023 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Rakesh Kumar S/O Mahesh Prasad Yadav Resident of Village- Sakin, Police Station- Bihiya, District- Bhojpur at Ara ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Punam Kumari D/O Ram Kishore Rai, W/O Rakesh Kumar Resident of Village Ganghar Tola English, P.S.- Ara Mufassil, District- Bhojpur at Ara ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shubham Sourav For the Opposite Party/s :
Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 03-04-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in a case instituted for the offence punishable under Section 498(A) of the I.P.C. and Section 3⁄4 of D.P. Act.
3. As per the allegation, complainant was married to petitioner in the year 2021. It is further alleged that petitioners started torturing the complainant for dowry of Rs. 10,00,000/- (ten lakh rupees).
4. From perusal of the mediator's report (Flag 'M'),
Patna High Court CR. MISC. No.63601 of 2024(4) dt.03-04-2025 2/3 it appears that the dispute between the parties could not be settled through the process of mediation. Hence, mediation failed.
5. In pursuance to the direction of this Court, both parties appeared with the respective counsel.
6. It is submitted on behalf of the petitioner that petitioner is innocent and he has falsely been implicated in the present case. He has neither demanded dowry nor tortured the complainant either physically or mentally. It is further submitted that Petitioner is ready to pay Rs. 3,000/- (three thousand rupees) per month as interim maintenance to the O.P. No. 2 by depositing in the same in her bank account and he will file an affidavit before the trial Court at the time of filing of bail bonds, regarding the aforesaid payment. It is further submitted that he is ready to pay two months advance maintenance at the time of filing of bail bonds to show his bona fide conduct.
7. The above payment will be adjusted in any order passed in matrimonial proceeding by competent Court.
8. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.63601 of 2024(4) dt.03-04-2025 3/3 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. 1061 (C) of 2023, 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 Sub Divisional Judicial Magistrate, Ara, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(S. B. Pd. Singh, J) Nirajkrs/- U T