Ajit Kumar @ Sri Ajit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65332 of 2022 Arising Out of PS. Case No.-49 Year-2019 Thana- MAHILA PS District- Jehanabad ====================================================== AJIT KUMAR @ SRI AJIT KUMAR S/o Late Jagaranath Thakur R/vGamaharpur, P.O.- Uber, P.S.- Ghoshi, District- Jehanabad ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Rina Devi, aged about 25 years, wife of Ajit Kumar @ Sri Ajit Kumar, resident of village Gamaharpur, P.O. Uber, P.S. Ghoshi, District Jehanabad. ... ... Opposite Parties.
====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjay Kumar For the Opposite Party/s :
Mr. Yogendra Kumar Singh For the O.P. No.2 : Mr. Ravi Shankar Pankaj ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323 and 498A/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
Petitioner, who is husband of opposite party no2., 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
Patna High Court CR. MISC. No.65332 of 2022(3) dt.07-04-2023 2/3 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. He is still ready to keep her with full honour and dignity. Learned counsel for the petitioner further submitted that petitioner is ready to make payment of Rs.3,000/- (Rupees Three Thousand) in second week of every succeeding month in the bank account of opposite party no.2 for her maintenance as per the details furnished by her or her counsel.
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 Jehanabad Mahila P.S. Case No.49 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial, maintenance or any other collateral proceedings. The present order, in any way, will preclude the
Patna High Court CR. MISC. No.65332 of 2022(3) dt.07-04-2023 3/3 parties to resolve the issue otherwise.
It is made clear that if the petitioner fails to make payment on three consecutive dates, the learned court below will be at liberty to cancel the bail bond of the petitioner. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) Trivedi/- U T