Amit Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66649 of 2024 Arising Out of PS. Case No.-24 Year-2024 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Amit Sah Son of Ramadhar Sah Resident of Village - Bankajua, P.S. - Bhagwanpur Hat, District - Siwan ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shobha Kumari Wife of Amit Sah, D/O- Suresh Sah At present residing at Village- Madhopur, P.S.- Mohammadpur, Distt.- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Bijay Prakash Singh, Advocate For the O.P. No.2 : Mrs. Mira Kumari, Advocate For the State :
Mrs. Pushpa Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.
2. Opposite party no.2 has appeared, although the petitioner himself has not appeared today. Both the counsel informs this Court that despite their best efforts, the matter could not be resolved between the parties. In such view of the matter, it would be best to hear the case on merits.
3. The petitioner apprehends his arrest for the offences punishable under Sections 341, 323, 307 and 498A/34, of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
4. The prosecution case is based upon the complaint
Patna High Court CR. MISC. No.66649 of 2024(7) dt.18-06-2025 2/3 petition in which allegation of demand of dowry and torture has been made. The petitioner is the husband.
5. It is submitted by learned counsel for the petitioner that the allegations made in the complaint are totally false. As a matter of fact, opposite party no.2 has behaved in a cruel fashion with the petitioner. However, learned counsel for the opposite party no.2 submitted that the petitioner is neither agreeable to keep the opposite party no.2 with him nor agreeable to one time settlement.
6. At this stage, the petitioner offers to give Rs.4500/- (Rupees Four Thousand Five Hundred) per month to the opposite party no.2 in the first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceedings.
7. In such view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Mohammadpur P.S.
Patna High Court CR. MISC. No.66649 of 2024(7) dt.18-06-2025 3/3 Case No.24 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
8. Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite party no.2 to the petitioner within a period of two weeks from today. If the opposite party no.2 furnishes the bank account in which the amount can be transferred, and yet the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, the opposite party would be at liberty to file an application for cancellation of bail bonds of the petitioner.
9. Accordingly, this application stands disposed of. (Soni Shrivastava, J) Trivedi/- U T