Sumit Kumar @ Sumit Kumar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61539 of 2022 Arising Out of PS. Case No.-30 Year-2021 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== SUMIT KUMAR @ SUMIT KUMAR VERMA Son of Lalit Narayan Verma Resident of Mohalla - Parautha Colony, Tungri Chaibasa, Near Gayatri Seva Sadan, P.S.- Sadar, Chaibasa, District - West Singhbhoom (Jharkhand). ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Dipika Kumari Wife of Sumit Kumar Verma @ Sumit Kumar Resident of Mohalla - Parautha Colony, Tungri Tungri Chaibasa, Near Gayatri Seva Sadan, P.S.- Sadar, Chaibasa, District - West Singhbhoom (Jharkhand), At present D/o Ramratna Prasad, Village - Gosai Bigha (Kendua) Post - G. B. Kendua, P.S.- Sirdala, District - Nawada (Bihar). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Pramod Kumar Verma, Advocate For the State :

Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-05-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 341 and 498(A) of the Indian Penal Code.

Petitioner, who is husband of opposite party no.2, is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no

Patna High Court CR. MISC. No.61539 of 2022(3) dt.01-05-2023 2/3 offence. Petitioner has neither made any dowry demand nor drover her out of her matrimonial home nor tormented her over the demand of dowry. He is still ready to keep her with full honour and dignity. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006 (3) PLJR 182.

In that 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 six weeks from today, on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada in connection with Complaint Case No.30/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Petitioner is ready to pay Rs.4000/- (rupees four thousand) per month to opposite party no.2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned court below for cancellation of bail bond of the petitioner.

Patna High Court CR. MISC. No.61539 of 2022(3) dt.01-05-2023 3/3 It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings. Learned court below is directed to issue notice to the complainant for furnishing her bank account details. If she fails to furnish the same, the aforesaid amount will be deposited in the learned court below which will be released in favour of the complainant after she furnishes her bank account details. If so advised, either of the parties will be at liberty to make an application before the learned court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or for one time settlement.

Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) S.KUMAR/- U T