Anand Kumar @ Bittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71351 of 2024 Arising Out of PS. Case No.-21 Year-2022 Thana- MAHILA P.S. District- Banka ====================================================== Anand Kumar @ Bittu S/o- Subodh Kumar Barnwal R/O- Casters Town, Ward No 31, PO- Ps- B. Deoghar Town, Dist- Deoghar, Jharkhand ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nikki Anand W/o- Anand Kumar @ Bittu R/o- Seth Surajmal Jalan Road Caster town in front of MB Paper house at Present Village- Katoriya Suiya Road Ps- Katoriya Dist- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harsh Vardhan For the Opposite Party/s :

Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-11-2024

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

2. The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 21 of 2022, registered for the offences punishable under Sections 341, 489(A), 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. The allegation, as per the FIR, is that the marriage of the Opposite Party No. 2 was solemnized with the petitioner on 06.12.2020 and at the time of marriage, the father of the informant gave Rs. 12 lacs cash and ornaments worth Rs. 5 lacs. It has further been stated that after three days of marriage, informant came to know about the illicit relationship of the petitioner with two other women. It has

Patna High Court CR. MISC. No.71351 of 2024(3) dt.18-11-2024 2/3 further been alleged all the accused persons taken the ornaments of the O.P. No. 2 and started torturing her physically and mentally. It has further been alleged that all the accused persons started demanding cash of Rs. 10 lacs and a four-wheeler as dowry.

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. 3,000/- per month to the Opposite Party No. 2 as living cost, subject to the final outcome of the present case as well as the matrimonial case, if any, pending and/or decided between the parties.

5. Learned Counsel for the complainant-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. 3,000/- per month in the bank account of the complainant-Opposite Party No. 2, details of which shall be furnished by learned Counsel for the Opposite Party No. 2 to learned Counsel for the

Patna High Court CR. MISC. No.71351 of 2024(3) dt.18-11-2024 3/3 petitioner within ten days from today.

6. After having heard learned Counsel for the parties and taking into consideration the materials 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 Sub Divisional Judicial Magistrate, Banka, in connection with Mahila P.S. Case No. 21 of 2022

9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 3,000/- per month in the bank account of Opposite Party No. 2, staring from 1st December, 2024.

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