Sujeet Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71735 of 2021 Arising Out of PS. Case No.-508 Year-2020 Thana- NAANPUR District- Sitamarhi ====================================================== SUJEET KUMAR THAKUR S/o Late Lalbabu Thakur Resident of VillageChandauna, Police Station- Jale, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pragati Kumar D/o Amitabh At present residing at Village- Janipur, P.S.- Nanpur, District- Sitamarhi.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Kumar For the Opposite Party/s :

Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Nanpur P.S. Case No. 508 of 2020 instituted for the offence under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

As per allegation in the FIR, due to non-fulfillment of dowry demand of Rs. Fivene lakh, petitioner along with other family members started to abuse and torture the informant mentally and physically. It is further alleged that petitioner has performed another marriage with another lady.

Patna High Court CR. MISC. No.71735 of 2021(5) dt.22-08-2022 2/3 It is submitted by learned counsel for the petitioner that petitioner is husband of the informant and he is ready to keep the informant as wife with full dignity and honour. Petitioner denied his second marriage.

The aforesaid offer of the petitioner has not been accepted by the informant who denies to go to her matrimonial house and live with her husband. However, she prays for some maintenance for her survival as she is a housewife and she is not able to maintain herself .

In the alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give Rupee four thousand per month from this month, subject to furnishing bank account number by the informant to the petitioner.

In the changed circumstance, learned counsel for the informant admits that he shall provide bank account number of the informant to the petitioner within a period of one week from today. On receipt of the bank account number of the informant, the petitioner shall deposit Rs. 4,000/- (Four Thousand) in first week of every month commencing from the current month August as maintenance in the account furnished by the informant.

Patna High Court CR. MISC. No.71735 of 2021(5) dt.22-08-2022 3/3 Having heard learned counsel for the parties and considering the submissions made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner, above named, in the event of his arrest or surrender before learned Court below within a period of four weeks from today, shall be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned SDJM, Pupri at Sitamarhi in connection with Nanpur P.S. Case No. 508 of 2020, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 4,000/- (for the month of August) by the petitioner in the account of the informant.

The aforesaid payment will be subject to any order passed in the maintenance case for final settlement. (Sunil Kumar Panwar, J) sushma/- U