Pawan Kumar @ Pawan Kumar Chaudhary @ Shri Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65715 of 2023 Arising Out of PS. Case No.-295 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== PAWAN KUMAR @ PAWAN KUMAR CHAUDHARY @ SHRI PAWAN KUMAR Son of Shri Chaneshwar Chaudhary Resident of Village-Dhandiha, P.S.-Koilwar, District-Bhojpur.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

RUBY KUMARI Wife of Shri Pawan Kumar @ Pawan Kumar @ Pawan Kumar Chaudhary, D/o Krishna Chaudhary At present Resident of VillageSammaspur, P.S.-Fatuha, District-Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiv Prasad Gupta, Adv.

For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP Mr.Raj Dular Sah, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner, learned counsel for the O.P. No.2 and learned APP for the State. 2.

The petitioner apprehends his arrest in a case registered for the offences punishable u/s 323, 324, 498(A) of the I.P.C. and sections 3/ 4 of Dowry Prohibition Act but cognizance has been taken u/s 498(A) of I.P.C.

3.

Petitioner, who is husband of complainant, is said to have tortured the complainant, in association with his family members, over dowry demand.

4.

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.65715 of 2023(3) dt.22-01-2024 2/3 offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. 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. He is ready to keep his wife with full honour and dignity.

5.

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 the learned Court below where the case is pending/successor Court in connection with Complaint Case No.295 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

6.

Petitioner is ready to pay Rs.3000.00 (Rupees Three Thousand) per month to the complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

Patna High Court CR. MISC. No.65715 of 2023(3) dt.22-01-2024 3/3 7.

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.

8.

Learned counsel for the O.P. No.2 is directed to furnish the bank account details of the complainant before the learned Court below. 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.

9.

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 Center for the purpose of reconciliation or one time settlement.

10.

With the aforesaid observation and direction, this application stands disposed of.

(Anjani Kumar Sharan, J) pallavi/- U T