Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66079 of 2024 Arising Out of PS. Case No.-646 Year-2023 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Prakash Kumar S/o- Mahendra Prajapati Resident of Bhawadihri P.S - Nokha Dist- Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Soni Kumari Wife of Prakash Kumar, D/o- Shambhu Prajapati VillageBhawadihri Ps- Nokha Dist- Rohtas P/A- Kachnath Po- Badkadih PsShivsagar Dist- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sadanand Roy, Adv For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 14-05-2025 Learned counsel for the petitioner and Opposite party no. 2 are present along with their respective counsels.

2. The matter had also been sent to the Mediation Center, Patna High Court, but the process had failed.

3. After brief interaction between the parties, it appears that the dispute between the parties cannot resolved at this stage.

4. The prosecution is based upon a complaint filed by OP.No.2 making an allegation of demand of dowry and torture.

5. Learned counsel for the petitioner however, submits that the allegation is not correct and as a matter of fact, the

Patna High Court CR. MISC. No.66079 of 2024(5) dt.14-05-2025 2/3 petitioner is ready to keep his wife/OP.No2 and child with due dignity and honour and today also, the petitioner has submitted he is ready to keep his wife along with him but the wife/OP.No.2 has refused on the ground that she is ill-treated by the husband and is also assaulted and on the last occasion ousted from the house.

6. At this stage, learned counsel for the petitioner in the presence of the petitioner makes an offer to pay a sum of Rs. 2500/- per month to the wife/ OP.No.2, subject to final outcome of any maintenance or collateral proceeding.

7. Considering all the above mentioned facts and circumstances, I am inclined to grant privilege of anticipatory bail to the petitioner. accordingly, in the event of his arrest/ surrender within a period of four weeks from today the petitioners shall be released on bail on furnishing bail bonds of rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sasaram, Rohtas in Complaint Case No.646 of 2023, subject to condition as laid down under section 438(2) of the Cr.PC and subject to the further condition that the petitioner shall co-operate in investigation/ trial

8. Learned counsel for the O.P.No. 2 under instruction,

Patna High Court CR. MISC. No.66079 of 2024(5) dt.14-05-2025 3/3 submits that she undertakes to provide her bank account details to the petitioner within a period of two weeks from today, if the O.P.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 O.P.No.2, the O.P.No.2 would be at liberty to file cancellation of bail . (Soni Shrivastava, J) N.K/- U T