Raja Kumar @ Raja Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67113 of 2024 Arising Out of PS. Case No.-518 Year-2021 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Raja Kumar @ Raja Sah Son of Late Binda Shah Resident of Village - Prahladpur, (Narsaghpur) Panlet Tola, P.S. - Mushari, District - Muzaffarpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Isha Kumari Wife of Raja Kumar @ Raja Shah, Daughter of Bajnath Shah Resident of Village - Bela Chapra, Ward No.49, P.S. - Bela, District - Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Alok Kumar Alok, Advocate For the State :
Mr. Shyam Bihari Singh, APP For the O.P. No.2 : Mr. Harshit Griyaghey, Advocate Mr. Prabhat Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2.
2. The petitioner apprehends his arrest for the offence punishable under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
3. Petitioner is the husband of opposite party no.2. The allegation is of demand of dowry and torture.
4. It is informed by learned counsel for the opposite party no.2 that as the petitioner has remarried, hence the mediation has failed.
5. It has been submitted by learned counsel for the
Patna High Court CR. MISC. No.67113 of 2024(6) dt.23-07-2025 2/3 petitioner that the allegations made in the complaint are totally false. As a matter of fact, the petitioner is ready to keep the opposite party no.2 with full honour and dignity as stated in para-14 of this application. However, learned counsel for the opposite party no.2 strongly objects to the said submission and the statement made in para-14 on account of the fact that petitioner has remarried. It is further submitted that there is an order of interim maintenance of Rs.3000/- per month and that too the petitioner is not paying regularly.
6. At this stage, learned counsel for the petitioner submits that the petitioner would pay Rs.3000/- (Rupees Three Thousand) per month regularly to opposite party no.2 in the first week of every month.
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 bond of Rs.10,000/- (Rupees Ten 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.518 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and subject to the further
Patna High Court CR. MISC. No.67113 of 2024(6) dt.23-07-2025 3/3 condition that the petitioner shall cooperate in the investigation/trial.
8. Learned counsel for the opposite party no.2, under instruction, submits that the opposite party no.2 undertakes to provide her bank account details 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 no.2 would be at liberty to file cancellation of bail.
9. Accordingly, this application stands disposed of. (Soni Shrivastava, J) Trivedi/- U T