Bhagyendu Trivedi @ Bhagyendu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67725 of 2023 Arising Out of PS. Case No.-10196 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== BHAGYENDU TRIVEDI @ BHAGYENDU KUMAR son of Paras Nath Trivedi Village- Pauthu Po- Pauthu Ps- Jamhor Dist- Aurangabad ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

Anamika Pathak wife of Bhagyendu Trivedi R/o- village- Pauthu Po- Pauthu Ps- Jamhor Dist- Aurangabad At Maika Resident of Rani Ghat sumati path Po- Mahendru Ps- Sultanganj Dist- Patna At Present C/o- Prakash Kumar Road No-11D Rajendra Nagar Ps- Kadamkuan Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhoy Kumar Kashyap For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 10196(C) of 2022, registered for the offences punishable under Sections 498(A), 323, 506 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. 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.

Patna High Court CR. MISC. No.67725 of 2023(3) dt.24-01-2024 2/3

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

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. 10196(C) 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. 3,000/- (Rupees Three Thousand) per month to the 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

Patna High Court CR. MISC. No.67725 of 2023(3) dt.24-01-2024 3/3 canceling the bail bond of the petitioner.

7. It goes without saying that the aforesaid amount shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

8. Learned counsel for the opposite party no. 2 is directed to make available the bank account details of opposite party no. 2 in the learned Court below.

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 Centre for the purpose of reconciliation or one time settlement.

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