Shyam Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68404 of 2024 Arising Out of PS. Case No.-1081 Year-2023 Thana- KAHALGAON District- Bhagalpur ====================================================== Shyam Kumar Sinha S/O Late Silo Mandal @ Late Bilo Mandal R/O VillageOgri, P.S- Kahalgaon, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Preety Kumari D/O Mangal Mandal R/O Village- Ogri, P.S.- Kahalgaon, Distt.- Bhagalpur presently reside at Quarter No. B/274 PTS, P.SKahalgaon, Distt.- Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Swapnil Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-11-2024 1.

Heard learned Counsel for the petitioner, learned Counsel for the informant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in connection with Kahalgaon PS Case No. 1081 of 2023, registered for the offences punishable under Sections 498-A, 506/34 of the Indian Penal Code.

3.

The allegation, as per the First Information Report, is that marriage of the Opposite Party No. 2 was solemnized with the petitioner on 06.12.2013 and at the time of marriage, sufficient dowry was given. After marriage, her husband and in-laws started torturing her and demanding Rs. 2 lacs and a

Patna High Court CR. MISC. No.68404 of 2024(3) dt.11-11-2024 2/3 four-wheeler as a dowry. It is alleged that when the said demand was not fulfilled, she was tortured variously by her husband and in-laws. Her husband is well employed in N.T.P.C. 4.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. However, without prejudice to the right and contention of the petitioner, and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 10,000/- per month to the Opposite Party No. 2 as living cost, subject to the final outcome of the present case and/ or the matrimonial case, if any, pending and/ or decided between the parties.

5.

Learned Counsel for the informant-Opposite Party No. 2 accepts the offer so made by learned Counsel for the petitioner and submits that the petitioner may be directed to deposit the said amount of Rs. 10,000/- per month in the bank account of the informant-Opposite Party No. 2, details of which shall be furnished by learned Counsel for the Opposite Party No. 2 to learned Counsel for the petitioner within ten days from today.

6.

Regard being had to the submissions made on behalf of the parties and taking into consideration the materials

Patna High Court CR. MISC. No.68404 of 2024(3) dt.11-11-2024 3/3 on record and the fact that the offer made by learned Counsel for the petitioner has been accepted by learned Counsel for the Opposite Party No. 2, I am inclined to grant the petitioner, privilege of anticipatory bail.

7.

This application is, accordingly, allowed.

8.

Let the petitioner, above named, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Kahalgaon PS Case No. 1081 of 2023.

9.

This is subject to the condition that the petitioner shall deposit a sum of Rs. 10,000/- per month in the bank account of Opposite Party No. 2 positively, starting from 07th December, 2024.

(Anil Kumar Sinha, J) rinkee/- U T